The Terrorism (Protection of Premises) Bill, known as "Martyn's Law", is proposed legislation that aims to create a regulatory framework to boost the security of buildings and public spaces against terrorist attacks. The legislation follows campaigning by Figen Murray, mother of Martyn Hett who was killed in the Manchester Arena bombing of 2017.
The Bill is currently a draft – draft bills are published
by the government to enable consultation and pre-legislative
scrutiny before being formally introduced into Parliament. The
draft bill was published by the previous government (and a
consultation was launched) but the King's Speech on 17 July
2024 confirmed that it is a priority for the new government; it was
one of the key pledges in the Labour Party manifesto. Once passed
it will have a significant impact on the commercial property sector
and beyond.
Main drafting points
The Bill – if passed as drafted - will impose statutory duties on those responsible for qualifying public premises or events. Broadly speaking, responsible people will be those who control the property or event. Premises and events affected are those open to the public and will include, for example, nightclubs, shops, bars, sports grounds, museums, leisure and recreation areas, hotels, hospitals, schools etc. However differing requirements will be imposed depending on whether the premises are "standard tier" or "enhanced tier" premises or "qualifying public events". The difference between standard tier and enhanced tier is primarily in relation to capacity. The duties imposed will include carrying out risk assessments, notifying the regulator (which will be established under the bill) who the duty holders are and providing training to staff on terrorism protection. It is also envisaged that duty holders under this bill will be required to co-operate with the person responsible for fire safety of that building.
Where premises include units of occupation, the requirements will apply to each unit individually and separately for the whole premises. Therefore, both tenants and landlords may be required to comply.
Businesses that fail to comply run the risk of facing regulatory inspections and steep fines for non-compliance. Critically, the bill may introduce new criminal offences for persistent non-compliance.
Potential impact
Commercial leases
The Bill will potentially have a significant impact on commercial leases imposing new obligations on landlords and tenants who will be required to take reasonable steps to prevent or mitigate the risk of terrorist attacks on their premises.
The Bill will also have implications on the rights and responsibilities of landlords and tenants in addition to the allocation of costs and risks between them. Questions such as who is responsible for complying with the duty and who is liable for any breaches will need to be considered to the extent allowed by the Bill.
The Bill could therefore have a knock-on effect on rent, service charge, insurance, repairs and alterations and possibly even the market value of the property itself. Non-compliant buildings will run the risk of becoming unattractive to investors and potential tenants. Moreover, the Bill introduces uncharted territory in relation to disputes between landlords and tenants.
Development
While there is no suggestion that developers will need to change building design, compliance with the new duties may be something developers have in mind.
What's next?
It is essential for owners and those responsible for any qualifying premises to be mindful of their future responsibilities from day one and remain proactive. While everyone will welcome appropriate and proportionate measures to protect the public, this comes at a time when the property market has been getting to grips with the landscape following the Building Safety Act 2022. It had been anticipated that the Bill would become law in autumn of 2024 – the general election has altered Parliament's timetable and the new government has a packed agenda to deliver on their promise to bring about change. We will keep a close watch on the Bill's progress and provide updates as and when needed.
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