POOL RE SOLUTIONS
Martyn’s Law Hub
The Terrorism Protection of Premises Draft Bill is expected to be introduced for parliamentary scrutiny during the spring of 2024, after the government included the legislation within the Kings Speech (7 November 2023) outlining intention to progress the legislation known as Martyn’s Law. This legislation, and the changes it brings, will enhance the protection of the United Kingdom’s publicly accessible places from terrorist attacks and help to ensure that businesses and organisations within scope are adequately prepared to deal with the terrorism threat.
This hub aims to provide owners and operators of all such locations information and guidance to help better understand the risks and consider appropriate mitigations.
Is your organisation prepared for Martyn’s Law?
Based on the details included in the draft bill many businesses will be required to address the risk from terrorism for the first time. Businesses inviting public access into their premises or event space will be included within scope of the legislation and it is estimated that over 250,000 premises will be impacted by the new regulation.
Currently a public consultation on the scope of requirements for Standard Tier premises is live, however, based upon the draft legislation Martyn’s Law is expected to apply to:
Publicly Accessible Locations
Where the public has access to the premises or part of the premises, with a maximum public capacity of over 100 persons (Standard Tier) or 800 persons (Enhanced Tier).
Premises which are used for a qualifying activity such as shops, nightclubs, entertainment venues, sports grounds, education establishments, and healthcare facilities.
Events (above a maximum capacity of 800) where there are express permission for entry (e.g. ticketing, payment).
The public consultation on the scope of the Standard Tier is currently live, running until 18th March 2024 (23:59) and can be accessed HERE. We will continue to provide updates on the progress of the consultation and legislation once the parliamentary process for Martyn’s Law begins.
At this stage there is no formal legislation, and all assumptions are based upon the Draft legislation previously issued – the details of the legislation are therefore subject to change.
SUMMARY OF REQUIREMENTS
Requirements for Standard Tier Premises
The scope of the Standard Tier applies to eligible properties with a capacity of 100-799, who will be expected to provide proportionate processes to respond to a terrorist attack.
The requirements for Standard Tier premises have been revised for the purposes of the public consultation, with eligible premises likely being required to:
- Notify the Regulator that they are, or have become, responsible for premises within the scope of the Bill (and so subject to the relevant requirements).
- Have in place such procedures that may be expected, so far as reasonably practicable, to reduce harm to the public and staff at the premises in the event of a terrorist attack, including evacuation, invacuation, lockdown and communication. It is not expected or required that physical alterations be undertaken, or additional equipment purchased for Standard Tier premises.
The necessity 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 have been removed. However, the exact requirements are set to change dependent upon results of the public consultation.
Enhanced Tier Premises and Events
Qualifying premises that are over 800 in maximum occupancy, as well as events over 800 capacity with express permissions for entry, are included within the Enhanced Tier.
Some of the potential requirements will include:
- Completing an Enhanced Terrorism Risk Assessment, identifying the relevant threats and taking proportionate mitigation steps.
- Producing, maintaining, rehearsing and exercising a dedicated Security Plan, including reasonably practicable measures to reduce the risk of terrorism acts occurring onsite, and reducing the potential harm if they were to occur.
- Providing terrorism protection training for relevant workers.
- Designating a Senior Officer in charge for the implementation of Martyn’s Law requirements at the premises or event.
DRAFT BILL AND HOME OFFICE RESOURCES
Terrorism (Protection of Premises) Draft Bill
On 2nd May 2023, the Government published the Terrorism (Protection of Premises) Draft Bill for pre-legislative scrutiny by the Home Affairs Select Committee. The full draft bill can be accessed here or by clicking on the image.
Martyn's Law Fact Sheet - Home Office
Alongside the draft bill, the Home Office has published a Martyn’s Law Fact Sheet which provides answers to key questions and provides helpful information regarding the process for Martyn’s Law going forward. The Fact Sheet can be accessed here.
Home Affairs Select Committee (HASC) Review
On 27th July 2023, the Home Affairs Select Committee (HASC) published a review of the Draft Bill. It is currently unknown which of their recommendations will be taken forward in subsequent changes to the legislation. Read the full HASC review can be accessed here.
‘Prepare to Protect: What you need to know about Martyn’s Law’. This webinar provides an overview of the draft Terrorism (Protection of Premises) Bill, how it is expected to work, what the insurance industry needs to be prepared for, and available resources.
FIGEN MURRAY OBE INTERVIEW
Sarah Myerscough interviews leading Martyn’s Law campaigner, Figen Murray OBE, alongside Pool Re’s Chief Underwriting Officer, Jonathan Gray, at the 2023 BIBA Conference – discussing the development and potential impact of Martyn’s Law.