Public consultation on Martyn’s Law

You may be aware that a further public consultation on the Terrorism (Protection of Premises) Bill, also known as Martyn’s Law, has been launched.

The consultation will run for 6 weeks and can be found here Martyn’s Law: standard tier consultation – GOV.UK (www.gov.uk). It will close on Monday 18 March 2024.

The Government reaffirmed its commitment to introduce this important piece of legislation in the King’s Speech in November 2023. However, recognising the feedback provided during pre-legislative scrutiny and through our engagement with stakeholders, the Government committed to a further public consultation, specifically on the Standard Tier. This is to ensure the public and those impacted by the proposals have the opportunity to offer in-depth views on the Standard Tier, prior to the legislation’s introduction to Parliament.

The proposals for requirements for premises in the Standard Tier have been revised to address feedback from the Home Affairs Select Committee and stakeholders, which primarily related to the need for requirements to be proportionate. To apply proportionate duties whilst considering any impacts to business and other organisations in scope, the requirements for Standard Tier premises have been amended, from a prescriptive requirement to complete a standardised template to having “reasonably practicable” procedures in place, were an attack to occur.

In summary, those responsible for Standard Tier premises must: 

• Notify the Regulator that they are, or have become, responsible for premises within scope of the Bill (and so subject to the relevant requirements). This remains broadly in line with previous requirements. 

• Have in place procedural measures that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises in the event of an attack. These relate only to the procedures to be followed by people working at the premises in the event of an attack occurring or being suspected as about to occur. As the procedural measures are about procedures for responding to an attack or suspected attack, it is not expected or required that physical alterations be undertaken or additional equipment purchased for Standard Tier premises. 

• In contrast to the published draft Bill, there is no requirement to complete a specified form (the ‘Standard Terrorism Evaluation’) for Standard Tier premises or ensure that people working at the premises are given any specific training. However, as part of putting in place the procedural measures, workers will need to be sufficiently instructed or trained to carry them out effectively.

The proposed changes made to the Standard Tier have been reviewed and refined to take into account the nature of smaller venues, their unique operating models, and the key role they play in UK society.

In order to support the consultation process and completion, the Martyn’s Law team is running a webinar focussed on the updates to the Standard Tier specifically for small businesses. Join them to discuss the Standard Tier consultation and receive an overview of what the proposals might mean for your organisation. 3pm – 4pm Tuesday 13 February.

If you’d like to attend the webinar, simply join using the Teams link below:

Microsoft Teams meeting 3pm Tuesday 13 February: 

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Meeting ID: 363 528 239 546
Passcode: g6w29o

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Video Conference ID: 123 141 758 3

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