Protect Duty: What You Need to Know

What is the Protect Duty?

The Protect Duty legislation, a response to the tragic 2017 Manchester Arena terror attack, aims to enhance security measures in public venues and events across the U.K. Initiated by Figen Murray OBE’s ‘Martyn’s Law’ campaign following the loss of her son, the legislation was confirmed in the May 2022 Queen’s Speech and had its first reading in Parliament on September 12, 2024. This significant step marks the beginning of a legal framework designed to improve preparedness against potential terrorist threats.

What Will Martyn’s Law Do?

Martyn’s Law seeks to ensure that public spaces are better equipped to prevent and respond to terrorist attacks. It mandates that certain venues and events take reasonable precautions to mitigate the risk and impact of such incidents. The legislation establishes a set of requirements tailored to the size and nature of the venue, ensuring a comprehensive approach to safety.

Who Will It Affect?

The Bill introduces a tiered system based on the expected attendance at a venue or event. This ensures that the level of security measures is proportional to the potential risk involved.

Tier Structure

Standard Tier

This includes premises where it is reasonable to expect between 200 and 799 individuals may be present at the same time.

Requirements: Venues must notify the regulator and implement reasonable public protection procedures, such as having a plan for evacuation, invacuation and lockdown.  They must also have a process on how to alert persons on the premises to move them away from danger. However, there is no requirement for physical security measures in this tier.

Enhanced Tier

This applies to venues or events expecting 800 or more attendees.

Requirements: Similar to the Standard Tier, but with additional expectations. Venues must document their public protection procedures and measures, providing a detailed assessment of how these actions will mitigate vulnerability and risk. They should implement measures relating to the monitoring of the premises and their immediate vicinity. In addition, they should document the public protection procedures and measures in place, or proposed to put in place, and provide this document to the regulator.

Who is Responsible for Compliance?

The responsibility for meeting the requirements of Martyn’s Law falls on the "responsible person." This could be an individual or an organisation, depending on whether the focus is a venue or an event.
For premises, the responsible person is someone who controls the premises in connection with its use.

For events, the responsible person is someone who controls the venue hosting the event.

How Will Martyn’s Law Be Enforced?

The enforcement of Martyn’s Law will be managed by the Security Industry Authority (SIA), which will take on a new regulatory function to ensure compliance with the legislation.

What Steps Should You Take Now?

Although there will be a transitional period of at least 24 months following Royal Assent for implementation, responsible persons should not wait to begin preparations. It’s essential to:

• Start implementing public protection procedures immediately.
• Seek specialist support to identify vulnerabilities specific to your premises or event.
• Develop a comprehensive security plan tailored to your organisation’s needs.

As the Protect Duty legislation moves forward, the safety of public spaces becomes a shared responsibility. By taking proactive measures now, we can work together to create a safer environment for everyone. Stay informed and be prepared!