Protect Duty: Understanding Scope and Exemptions
The Terrorism (Protection of Premises) Act 2025, widely referred to as Martyn’s Law, introduces a statutory Protect Duty requiring those responsible for certain publicly accessible premises and events to consider the risk of terrorism and implement proportionate measures to reduce harm.
While the legislation has broad application across venues, buildings and events, it does not apply universally. Schedule 2 of the Act sets out specific exclusions, and understanding these is an important first step for any organisation assessing its compliance obligations.
Premises occupied for the purposes of the UK Parliament and the devolved legislatures are excluded. Certain open-air recreational spaces, such as parks and gardens, are also excluded where there are no access control measures in place to check payment, ticketing or membership. In addition, premises that are already subject to established statutory transport security regimes, including regulated aerodromes, rail infrastructure and certain ports, fall outside the scope of the Protect Duty.
However, exclusions are rarely as straightforward as they first appear. For example, while an open-access park may be excluded in general terms, a ticketed event within that space may still qualify under the Act. Similarly, buildings located within otherwise excluded grounds may fall within the scope in their own right. Determining applicability requires careful consideration of control, use and operational arrangements.
The defining factor throughout the legislation is control. Responsibility rests not necessarily with the owner of a premises, but with the organisation that controls it in connection with its qualifying use or event.
For many organisations, the challenge is not simply understanding whether they fall within scope, but identifying what is proportionate and reasonably practicable in their specific context. That requires a structured review of activities, capacity, footfall, access arrangements, vulnerabilities and existing protective measures.
This is where professional support becomes valuable.
Whilst the finalised guidance and regulations have yet to be confirmed by the Government, we are fairly confident that venues, schools, event organisers, public bodies and private businesses should be able to make a concerted effort to get plans in place. Ultimately, this effort can be around the following;
Assessing whether premises or events fall within the scope of Martyn’s Law
Identifying the responsible person
Undertaking structured terrorism and security risk assessments
Developing proportionate public protection procedures and mitigation measures
This is where we can help. Our approach is pragmatic and risk-based. We focus on helping organisations understand their exposure, close gaps sensibly, and embed sustainable security governance, without unnecessary or disproportionate controls.
If you are unsure whether the Protect Duty applies to your premises or event, or you would like a structured review of your current arrangements, we can support you in clarifying your obligations and implementing practical, compliant solutions.
