Delegates should start to prepare for the implementation of Martyn’s Law, otherwise known as the Terrorism (Protection of Premises) Bill, even though the responsibilities of its duty holders are unlikely to come into force until at least 2027.
Dr Simon Joyston-Bechal, Director at Turnstone Law, warned that, for the new ‘Designated Senior Officer’ role, the requirement to produce preventative plans against terror attacks came ‘with a sting’ because their responsibilities are onerous.
What’s more, regarding the heavy penalties that are being proposed for failing to comply with the legislation, he told delegates, ‘If you think about this, it might blow your socks off’.
Dr Simon Joyston-Bechal speaking at his session at Anticipate London
Joyston-Bechal explained that the Terrorism (Protection of Premises) Bill would probably receive Royal Assent in 2025 and then there would be a two-year implementation period.
However, he wasn’t surprised that delegates found it overly complex to interpret its requirements and said one of the most difficult aspects was working out what premises/events were affected.
Turnstone Law’s Director explained how the legislation applies a tiered approach that covers both premises – a building, part of a building, group of buildings and/or land – and qualifying public ‘events’, based on the number of attendees.
These are 200 people and above and 800 people above for premises specified in schedule 1 in the legislation and 800 people and above for an event with public access as a premises that doesn’t otherwise qualify. Even then, however, he said the premises/events that qualify is not clear cut.
Pointing to schedule 1 that lists the premises/events affected, he highlighted hospitals, adding that it wasn’t necessarily about counting how many members of the public are attending, but rather how many people are there at one time, including staff.
The legal expert also said it is important to consider what the building is being used for. For example, factories are not included in schedule 1, but if an event is being hosted at the factory on a particular day and the number of attendees meets the criteria under the legislation, the factory will qualify under Martyn’s Law.
Joyston-Bechal said there are two duty holders under the forthcoming legislation, starting with the responsible person, which relates to an individual or company with control of the premises generally or for a specific event.
He warned, however, the new Designated Senior Officer, who must be appointed to oversee premises/events with 800 or more attendees, would face more onerous responsibilities as they must meet a higher threshold for what are defined as Enhanced Duty premises and qualifying events.
Also, if the responsible person is a company, the Designated Senior Officer must be either a director, officer or senior manager, and therefore they can be more easily identified.
The legal expert said this individual would be responsible, a
mong other things, for carrying out a terrorism risk assessment and reviewing it at least annually; making a security plan; and working with the regulator – the Security Industry Authority (SIA).
They will also be responsible for some obligatory measures – monitoring premises and the movement of individuals in and out; keeping sensitive information secure; and managing procedures for alerting emergency services and notifying attendees.
Joyston-Bechal moved on to penalty notices for contravening the legislation and warned that while the SIA could impose a maximum £10,000 fine for premises with 200 or more attendees, for premises or events with 800 or more attendees, the penalty could rise to as much as £18m or 5% of the company’s worldwide revenue, whichever is greater. He also warned that under Martyn’s Law, the SIA could bring criminal prosecutions.
Faced with a minimum two-year period to plan and prepare for the legislation, the legal expert advised delegates to begin their preparations by first considering which requirements of the legislation applied to them.
Looking ahead, he said it would be sensible to start preparing the standard terrorism evaluation and terrorism risk assessment which should include assessing likely types of terrorism; reasonable practicable measures to reduce the likelihood and harm; and procedures.
For those individuals who will be responsible for premises/events with 800 or more attendees, Joyston-Bechal advised they start preparing the security plan. He also advised, as appropriate, an early start on preparing terrorism protection training.
Finally, he also provided some advice on what could be included under policies, procedures and measures for terrorism resilience, including support from insurers, invacuation and evacuation plans, increasing the number of first aid kits in case of a major incident resulting in multiple casualties and major incident/scenario role plays.
