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Terrorism (Protection Of Premises) Act 2025

Contents

Commentary on provisions of Act

Part 1: Public Protection Requirements

Introductory: sections 1 to 4

Section 1: Overview

  1. This section is self-explanatory, it provides an overview as to the Act’s structure.

Section 2: Qualifying premises

  1. This section defines qualifying premises, which are the premises to which the Act’s requirements apply.
  2. Premises are qualifying premises if (see subsection (2)):
    1. the premises consist of a building or a combination of a building and land (for example, a pub and its beer garden). For these purposes a building also includes a part of a building (for example, a unit within a shopping centre) or a group of buildings (for example, a group of buildings that together form a university campus);
    2. they are wholly or mainly used for one or more Schedule 1 uses (Schedule 1 recognises various types of uses, such as the sale of food and drink to members of the public for consumption on the premises);
    3. it is reasonable to expect that from time to time 200 or more individuals may be present on the premises at the same time in connection with the Schedule 1 use or uses;
    4. and the premises are not subject to any of the exemptions that are set out in Schedule 2.
  3. The term ‘wholly’ captures premises that are solely used for one or more Schedule 1 activities. The term ‘mainly’ captures premises which have more than one use, and at least one use is a use that is set out in Schedule 1. Whether premises are used mainly for one use or for another will be determined based on circumstances of each set of premises. The amount of time used for each will be a key factor; and if the premises are used for one or more Schedule 1 uses for a greater amount of time during the year compared to the amount of time that they are used in other ways, then the premises will very likely fall within scope.
  4. The requirement that the premises host 200 or more people from time to time includes premises that host 200 or more individuals only at certain times of the year, such as a shop that has a peak season in the run up to Christmas. It does not include premises that host 200 or more individuals for reasons other than in connection with the Schedule 1 use or uses (for example, if the premises are used to host an occasional private event).
  5. The Act recognises two types of qualifying premises: "enhanced duty premises" and "standard duty premises"; and imposes additional requirements in relation to the enhanced duty premises. Subsection (3) provides the meaning of those two terms. Enhanced duty premises are qualifying premises that can reasonably be expected to host 800 or more individuals; while for standard duty premises the number is between 200 and 799.
  6. Schedule 1 includes certain provisions that require some qualifying premises to be treated as a standard duty premises or enhanced duty premises regardless of the number of individuals that they might be expected to host (for example, paragraph 9(2) requires that all qualifying premises that are used as places of worship are standard duty premises).
  7. Qualifying premises can be within another qualifying premises, for example a shop in a shopping centre or a cinema in an entertainment complex. Subsection (5)(b) captures each qualifying part of the premises as well as the overarching premises. Subsection (5)(a) provides that where the same person is responsible for premises that are within other premises, they are to be treated as a single set of premises for the purposes of meeting the relevant requirements (for example, if the person responsible for a shopping centre is also responsible for an ice rink within it, the ice rink should be treated as forming part of the same premises as the centre).

Section 3: Qualifying events

  1. This section defines a ‘qualifying event’. Specifically, an event is a qualifying event, and thereby subject to the Act’s requirements, if:
    1. the premises where the event is to be held consist of a building (including part of a building or a group of buildings) and/or other land (whether or not the land includes buildings). This means that an event that will take place entirely in the open-air could be a qualifying event;
    2. the premises at which the event is to be held are not enhanced duty premises and do not form part of enhanced duty premises. This provision reflects the fact that such premises are already subject to equivalent requirements under the legislation. However, a qualifying event may take place at standard duty premises;
    3. members of the public will have access to the premises for the purpose of attending the event; and
    4. it is reasonable to expect that at some point during the event 800 or more individuals may be present on the premises at the same time in connection with their use for the event. This may be only at certain points during the event. An event will not be caught if it will be attended by 800 or more individuals over the course of the event but never at any one time. Likewise, an event will not be a qualifying event if fewer than 800 individuals are expected to be present on the premises for the event even though the total number at the premises exceeds 800 individuals. For example, a music event in a large park for 700 people will not be a qualifying event just because the wider park may have more than 800 people present for other purposes at the same time;
    5. the event must have measures in place to check that attendees have satisfied a condition of entry. This could include checks undertaken by people, for example employees or volunteers, or automated entry checks, for example via turnstiles or Artificial Intelligence systems. Specifically, the conditions of entry are that members of the public have paid to attend the event, have a ticket or pass allowing access (which might include a free ticket), or are members or guests of a club, association or similar body. Both paid-for events and free events may, therefore, be qualifying events, if there are such measures. However, an unorganised gathering of people in a specific location, with no check that attendees have satisfied such conditions, would not be within the scope of the Act; and
    6. it is not excluded by virtue of Part 2 of Schedule 2, which makes provision to exclude from the scope of the requirements events that are held at certain types of premises.
  2. Subsection 2 clarifies that, where an "event" comprises both areas where access is controlled (as specified in paragraph 61(e) above) and open areas where access is not controlled, each area(s) that has controlled access is to be treated separately for the purpose of being a potential qualifying event. Therefore, the Act will apply separately to an event in each such area if the other conditions in section 3 are met.

Section 4: Persons responsible for qualifying premises or events

  1. This section defines who is responsible for qualifying premises or a qualifying event (and therefore who is responsible for meeting the relevant requirements). Subsection (1) provides that a person is responsible for a qualifying premises where they have control of the premises in connection with the relevant Schedule 1 use (see below for an explanation of that term). For example, that might be the organisation which operates a theatre or the company which holds the lease for and operates a shopping centre. Where a party is appointed as a contractor to carry out work at the premises, but that party has only limited control over the premises (for example, a security guarding company that is appointed to provide door staff at a nightclub) it is highly unlikely that they will be the person responsible for the premises in connection with the relevant Schedule 1 use.
  2. Schedule 1 includes certain provisions (such as paragraph 16(2)) to specify who is the person responsible for certain types of premises.
  3. The person responsible for a qualifying event will be the person who has control of the premises where the qualifying event is to be held for the purposes of the event. The relevant circumstances of the event will need to be considered to determine who the responsible person is. For example, if a concert is to be held in a park and the company putting on the event takes control of an area of the park and has control of that area for the purposes of that concert, the company putting on the event will be the responsible person. Conversely, if a stately home puts on a concert in its grounds and maintains control of the site of the concert for the purposes of that event, the stately home will be the responsible person. This would be the case even if the stately home contracted organisations to do aspects of the event (e.g. to provide door security or ticketing). Responsibility cannot be delegated to contracted services.
  4. Subsection (2) provides the meaning of "relevant Schedule 1 use". If the premises are only used for one of the activities recognised by Schedule 1, it will be that use. If the premises are used for more than one type of activities, the relevant Schedule 1 use will be whichever of those is the principal use. The principal use of the premises will be determined on a case-by-case basis, taking account of factors such as the amount of time for which the premises are used for each type of activity. However, in addition, subsection (3) provides a regulation-making power that enables the Secretary of State to provide specific rules as to how principal use is to be determined.
  5. If there is more than one person responsible for qualifying premises or a qualifying event, then they are jointly responsible for ensuring compliance with the Act’s requirements (subsection (5)), and they must work together to comply with those requirements (see section 8). Such a situation will arise only where each of the parties has control over the premises in connection with the relevant Schedule 1 use. It does not mean, for example, that the multiple tenants of a shopping centre are jointly responsible for the shopping centre as a whole; rather each will be responsible for their respective premises.

Requirements: sections 5 to 11

Section 5: Public protection procedures

  1. Subsection (1) of this section requires that a person responsible for qualifying premises or a qualifying event must, to the extent that it is reasonably practicable to do so, put in place appropriate public protection procedures for the premises or the event in order to reduce the risk of physical harm being caused to individuals in the event of an attack at the premises or in the immediate vicinity.
  2. As part of the requirement to put in place such procedures the person must ensure that the individuals working at the premises are aware of the procedures and are ready to put them into practice if needed.
  3. Subsection (3) provides an exhaustive list of the procedures to be implemented at the premises (including premises where an event is to be held):
    1. procedures for evacuating individuals from the premises;
    2. procedures for moving individuals to a place where there is less risk of physical harm (i.e. invacuating) e.g. moving individuals away from windows and to a designated safe area;
    3. procedures for preventing individuals leaving or entering the premises (i.e. locking down or securing the premises);
    4. procedures for providing information to those at the premises.
  4. In determining whether it is appropriate and reasonably practicable to put in place particular procedures, regard should be had to all relevant circumstances surrounding the premises; including the physical nature of the premises and the resources available to the person who is responsible for them.

Section 6: Public protection measures for enhanced duty premises and qualifying events

  1. This section imposes additional requirements (i.e. beyond those under section 5) that apply to a person who is responsible for enhanced duty premises or a qualifying event. The person must (see subsection (1)), to the extent that it is reasonably practicable to do so, put in place appropriate public protection measures, in order to further the objectives in subsection (2). The subsection (2) objectives are: to reduce the premises or event’s vulnerability to an attack occurring, as well as to reduce the risk of physical harm being caused to individuals if an act of terrorism were to occur.
  2. Subsection (3) provides an exhaustive list of categories of measures that must be implemented. The categories of measures are those relating to:
    1. monitoring of the premises or event and the immediate vicinity;
    2. movement of individuals into, out of, or within, the premises or event;
    3. the physical safety and security of the premises or event;
    4. the security of information that would be useful to a person committing or preparing an act of terrorism.

Section 7: Enhanced duty premises and qualifying events: documenting compliance

  1. The person responsible for an enhanced duty premises or qualifying event must prepare and update a document which contains:
    1. a statement detailing the procedures that have been implemented, in accordance with section 5, accompanied by an assessment as to how those measures may be expected to reduce (so far as is reasonably practicable) the risk mentioned in that section;
    2. a statement detailing the measures in place or proposed to be put in place in accordance with section 6, accompanied with an assessment as to how those measures may be expected to reduce the vulnerability and risk mentioned in that section;
    3. and any information which the Secretary of State may, by regulations, require.
  2. Subsection (2) establishes that the person responsible must ensure that a copy of the document is provided to the Security Industry Authority as soon as is reasonably practicable after it is prepared. When it is updated, the person must provide this to the regulator no later than 30 days after it was updated.

Section 8: Requirements to co-ordinate and co-operate

  1. This section imposes obligations on persons to co-ordinate and co-operate in complying with the relevant requirements of this Act, under different scenarios.
  2. Subsections (1) and (2) apply to situations where there is more than one responsible person for single qualifying premises or a qualifying event; which will be the case if there is more than one person who has control over the premises in connection with the relevant Schedule 1 use (e.g. where two parties jointly occupy the premises to deliver a service). In such cases, those persons must co-ordinate, so far as is reasonably practicable, in complying with the requirements imposed on them by this Act.
  3. Subsections (3) and (4) apply to situations where qualifying premises form part of other qualifying premises. In such cases, the responsible persons for each must co-ordinate, so far as is reasonably practicable to do so, to comply with the requirements of this Act. This situation would commonly be expected to arise at a shopping centre or entertainment complex, where the units in scope of the Act’s requirements would co-operate with the shopping centre operator or entertainment complex operator as required to deliver relevant procedures and measures. The individual units, where they meet qualifying premises criteria, will also have responsibility for their own requirements within their unit (but no additional requirements are imposed on them).
  4. Subsections (5) and (6) apply to situations where a person has some degree of control over enhanced duty premises or the premises for a qualifying event, but is not the responsible person. In such cases the person must co-operate with the responsible person, so far as is reasonably practicable to do so, to assist them in meeting their requirements. This situation might arise, for example, where a theatre operator holds the lease for a theatre building, and it is necessary to make modifications to the building structure and the building owner is required to provide their agreement to the modifications. For a qualifying event, this situation could arise where the event organiser is responsible for delivering an event in a field, however, they require the landowners’ agreement to put in place certain protective measures.
  5. References in section 8 to requirements do not include any requirements imposed under a penalty notice (see subsection (7)).

Section 9: Notification requirements

  1. Subsections (1) and (2) provide that a person who becomes responsible for qualifying premises or a qualifying event, or who ceases to be responsible, must notify the Security Industry Authority of that fact within the required time.
  2. Through regulations, the Secretary of State may specify further matters relating to qualifying premises or a qualifying event that the responsible person will have to inform the Security Industry Authority of. Through regulations the Secretary of State will also define "required time".
  3. If any information given in respect to who is responsible for a qualifying premises or qualifying event ceases to be accurate, the person must notify the Security Industry Authority within the required time (see subsection (4)).
  4. Under subsection (6) and (7) the Secretary of State may, by regulations, require specified information to be provided with a notification, or require the notification to be made in a specific form or manner (e.g. via an online portal). As a result of subsection (8), regulations made under (6) may include provisions to delegate decision-making powers about the form of notifications etc. to the Secretary of State or to the Security Industry Authority.

Section 10: Designating a senior individual

  1. Where the person responsible for an enhanced duty premises or qualifying event is not an individual (e.g. if it is a company, a partnership or an association of members), the person responsible must designate a "relevant individual". The relevant individual will have responsibility for ensuring that the entity complies with the relevant requirements imposed on it by the Act.
  2. An individual may be designated as the senior individual only where the person exercises functions of management or control in relation to the responsible person. This means that the individual must hold a senior position within the responsible person and be in a position, by virtue of that position, to take decisions concerning the persons activities or be able to exercise strong influence over the persons who do take such decisions.

Section 11: Determinations by the tribunal

  1. An "interested person" i.e. the Security Industry Authority, or a person who has, to any extent, control of the premises or event can apply to the tribunal to determine:
    1. whether premises are qualifying premises;
    2. whether qualifying premises are enhanced duty premises;
    3. the relevant Schedule 1 use of qualifying premises. This could be uncertain where a premises has more than one Schedule 1 use e.g. a church which is also used as a nursery some days of the week and it is unclear which use is the principal (and therefore relevant) one;
    4. whether an event is a qualifying event;
    5. the premises at which a qualifying event is to be held;
    6. whether a person is responsible for a qualifying premises or qualifying event or not;
    7. the extent of a person’s control of an enhanced duty premises or a premises where a qualifying event is to be held.

Investigations and enforcement: sections 12 to 16

Section 12: Role of the Security Industry Authority

  1. The Act confers the enforcement functions and investigatory powers in the Act on the Security Industry Authority and its authorised inspectors. The Security Industry Authority was established by the Private Security Industry Act 2001.
  2. This section provides for further functions in relation to providing advice about compliance and reviewing the effectiveness of the requirements in the Act.
  3. The section also amends the 2001 Act to, in some places, bring matters under this Act within the scope of existing functions and provision and, in other cases, clarify that certain provisions of the 2001 Act do not apply in relation to functions under this Act.
  4. These amendments mean that the Security Industry Authority must, in particular:
    1. comply with directions given by, and requests for information from, the Secretary of State, and
    2. provide to the Secretary of State an annual report on its functions, which is to be laid before Parliament.
  5. The section requires the Security Industry Authority to prepare guidance about how it proposes to carry out its functions in the Act, especially the powers of investigation in Schedule 3 of the Act. The guidance must be approved by the Secretary of State, after which it will be issued by the Security Industry Authority. The guidance must be kept under review by the Security Industry Authority and may, as needed, be revised.

Section 13: Compliance notices

  1. This section provides for compliance notices, which can be issued in relation to qualifying premises and qualifying events.
  2. Such a notice requires a person to comply with a specified relevant requirement within the time specified in the notice. It may require the person to take specified steps in order to comply with the requirement, or to provide evidence of compliance to the Security Industry Authority.
  3. The Security Industry Authority may issue a compliance notice if it has reasonable grounds to believe that the person is failing to comply, or has failed to comply, with a relevant requirement. A notice may not be given more than once in relation to the same contravention, but a notice may be given if further contraventions occur in future.
  4. Before a notice is issued, the Security Industry Authority must:
    1. notify the person of their intention to issue the notice, and
    2. give the person an opportunity to make representations.
  5. A valid notice must include the reasons for giving the notice, explain the consequences of non-compliance, and explain how it may be appealed.
  6. The relevant requirements for contravention of which a compliance notice can be issued are those imposed by sections 5 to 10.

Section 14: Restriction notices

  1. This section provides for restriction notices, which can only be issued to a person responsible for enhanced duty premises or a qualifying event.
  2. A restriction notice requires a person to comply with specified prohibitions or restrictions relating to use of the premises or carrying on of the event. It may not have effect for longer than 6 months, unless it is varied under section 15.
  3. The section specifically provides that a notice may:
    1. prohibit use of the premises in certain ways or the event from taking place,
    2. restrict the times at which premises may be used or the event can take place, and
    3. limit the number of people who may permitted to be on the premises or attend the event at any time.
  4. The notice may state that a given prohibition or restriction does not apply if certain conditions specified in the notice are met. It may also require the recipient to provide evidence to the Security Industry Authority of their compliance with the notice.
  5. The Security Industry Authority may only issue a restriction notice if it has reasonable grounds to believe both that:
    1. the person is contravening, or has contravened, a requirement in sections 5 and 6 in relation to the premises or event,
    2. issuing the notice is necessary in order to reduce the risk of physical harm being caused to people were a terrorist attack to occur at the premises or event or in the immediate vicinity.
  6. Before giving a notice, the Security Industry Authority must (unless there is considered to be an urgent need to give the notice):
    1. notify the person of their intention to issue the notice, and
    2. provide the person with an opportunity to make representations.
  7. The Security Industry Authority must include in a valid notice its reason(s) for giving the notice, state the period for which the notice will last, and explain that this period may be varied (including an extension), the consequences of non-compliance and avenues of appeal.

Section 15: Variation or withdrawal of notices

  1. As set out in this section, the Security Industry Authority may vary or withdraw an issued compliance notice or restriction notice by giving notice to the person who received the original notice.
  2. Whilst a notice cannot be made more onerous (e.g. it cannot add a new prohibition to a restriction notice), the period for which a restriction notice has effect can be extended for up to 3 months at a time but:
    1. it must be extended before the current period ends, and
    2. the Security Industry Authority must have reasonable grounds to believe that the variation is necessary to reduce the risk of physical harm being caused to people if a terrorist attack occurred at the premises or event or in their immediate vicinity (i.e. the same condition as for imposing the restriction notice originally).
  3. Before extending the period for which a restriction notice has effect, the Security Industry Authority must:
    1. notify the person of their intention to vary the notice in this way, and
    2. give the person the opportunity to make representations.

Section 16: Appeals against notices

  1. This section sets out the rights of appeal for a person who is given a compliance or restriction notice (or variation of the same).
  2. An appeal may be made to the tribunal before the end of the period of 28 days from the day on which the notice is given or varied (as the case may be).
  3. On appeal, the tribunal may cancel or vary the compliance or restriction notice (or variation). If it is not satisfied in the appeal, the tribunal must confirm the notice or variation.
  4. An appeal may be brought on the grounds that the decision to give or vary the notice (or include a provision within the notice) was:
    1. based on an error of fact (whether wholly or partly),
    2. wrong in law, or
    3. unfair or unreasonable for another reason.
  5. The tribunal may not only review factual evidence on which the decision to give the notice was based but also consider evidence that was not available to the Security Industry Authority at the time.
  6. When an appeal is brought in relation to a compliance notice, the notice (or variation) will not have effect until the appeal is withdrawn or concluded, unless the tribunal orders otherwise.
  7. Whilst a restriction notice (or variation) will continue to have effect pending the outcome of an appeal in relation to it, the tribunal may order that it does not.

Monetary penalties: sections 17 to 23

Section 17: Penalty notices

  1. This section gives the Security Industry Authority the power to issue a penalty notice.
  2. A penalty notice requires a person to pay a specified amount to the Security Industry Authority within the specified time (no less than 28 days from the date of the notice). This is a non-compliance penalty.
  3. A penalty notice may be given to a person if the Security Industry Authority is satisfied that the person is contravening or has contravened a relevant requirement. The standard of proof is that the Security Industry Authority must be satisfied on the balance of probabilities.
  4. The relevant requirements are set out in subsection (8) and include, for example, the requirements to put in place public protection procedures at qualifying premises and events, and public protection measures at enhanced duty premises and qualifying events.
  5. A person cannot receive more than one penalty notice in respect of a single contravention, but a person can receive a penalty notice regardless of whether they have previously received a compliance or restriction notice.
  6. A person cannot be required to pay a monetary penalty in respect of a failure to comply with a compliance or restriction notice if they have already been convicted of an offence under the Act in relation to that contravention.

Section 18: Maximum amount of a non-compliance penalty

  1. This section sets out that:
    1. the maximum amount of non-compliance penalty for failing to comply with a notice issued under paragraph 3(1)(b) of Schedule 3 (requirement to attend an interview) is £5,000,
    2. for all other contraventions in relation to standard duty premises, the maximum amount of a non-compliance penalty is £10,000; and
    3. for all other contraventions in relation to enhanced duty premises or a qualifying event, the maximum amount of a non-compliance penalty is the greater of:
      1. £18 million, or
      2. 5% of the person’s qualifying worldwide revenue for the most recent complete accounting period (if they have an accounting period).
  2. If the relevant accounting period is less than 1 year in duration, the amount is to be proportionately increase whereas, if the relevant accounting period is more than 1 year, the amount is to be proportionately reduced.
  3. The maximum amounts above may be amended by regulations made by the Secretary of State, and the applicable parliamentary procedure is set out in section 35.
  4. The Security Industry Authority must:
    1. produce a statement that sets out how it will determine a person’s qualifying worldwide revenue for these purposes;
    2. consult the Secretary of State before producing the statement;
    3. publish the statement and send a copy to the Secretary of State, who will lay a copy before Parliament; and
    4. keep the statement under review.
  5. The requirements in respect of consultation, publication and laying before Parliament apply to a revised or replacement statement as well as the first statement produced.

Section 19: Daily penalties

  1. In addition to a non-compliance penalty, the Security Industry Authority may also require in a penalty notice that a person pay daily penalties. These are to be paid for each day a contravention continues after the date on which the non-compliance penalty was due to be paid.
  2. A daily penalty may only be imposed if the penalty notice relates to the contravention of a compliance or restriction notice.
  3. The maximum amount of a daily penalty is:
    1. £500 where the contravention relates to standard duty premises, and
    2. £50,000 where the contravention relates to enhanced duty premises or a qualifying event.
  4. The Secretary of State may, by regulations, change the maximum amounts above.

Section 20: Determining the amount of a penalty

  1. This section provides that non-compliance and daily penalties imposed by a penalty notice must be of an amount that the Security Industry Authority considers to be appropriate and proportionate to the contravention to which it relates.
  2. When determining the amount of a penalty, the following must be considered (among other things):
    1. the effects of the contravention to which it relates;
    2. any actions taken by the person to remedy the contravention or mitigate its effects; and
    3. the person’s ability to pay the penalty.

Section 21: Penalty notices: contents, procedure, variation and withdrawal

  1. This section sets out that, before giving a penalty notice, the Security Industry Authority must notify the person and give the opportunity to make representations. It also sets out the required content of a valid notice.
  2. The regulator may vary a penalty notice by giving notice to the person, but it may not increase the amount of a penalty or shorten the period for payment of a penalty. Daily penalties cannot be added to a penalty notice by way of variation.

Section 22: Appeals against penalties

  1. A person who has received a penalty notice may appeal that notice, or its variation, to the tribunal. The appeal must be brought within 28 days of the notice being given or varied.
  2. The grounds on which an appeal may be brought are that the decision to give or vary the notice was:
    1. based on an error of fact (whether wholly or partly);
    2. wrong in law; or
    3. unfair or unreasonable for any other reason.
  3. If it does not dismiss the appeal, the tribunal may cancel the penalty notice or vary the notice, (change the amount of a penalty or period for payment)
  4. The tribunal may not only review factual evidence on which the decision to give the notice was based, but also consider evidence that was not available to the Security Industry Authority at the time.
  5. When an appeal is brought, the penalty notice or variation does not have effect until the appeal is concluded or withdrawn unless otherwise ordered by the tribunal.

Section 23: Recovery of penalties

  1. This section sets out how penalties imposed by way of a notice under Part 1 may be recovered and that unpaid sums may carry interest.
  2. The section also provides that the Security Industry Authority must pay sums (including interest) received through the imposition of penalty notices into the Consolidated Fund.

Offences: sections 24 to 26

Section 24: Offences of failing to comply with compliance note or restriction notice

  1. A person commits an offence if they fail to comply with a compliance notice that was given in relation to enhanced duty premises or a qualifying event. Where it relates to standard duty premises, failure to comply with a compliance notice is not an offence.
  2. Similarly, a person commits an offence if the person fails to comply with a restriction notice. A restriction notice can only be issued in relation to enhanced duty premises and qualifying events.
  3. If charged with an offence under this section, it is a defence for a person to show that they took all reasonable steps to comply with the notice. The Defendant carries the evidential burden.
  4. The Defendant may not rely on the defence if it involves a "third-party allegation" (see below) unless the Defendant has:
    1. given notice to the prosecutor in accordance with this section (e.g. at the time provided for), or
    2. obtained the permission of the court.
  5. A "third party allegation" is an allegation that the failure was due to either the act or omission of another person, or the Defendant’s reliance on information provided by another person.
  6. The offence is triable either way and the sentences for which a person may be liable on conviction are set out at subsection (11).

Section 25: Offence of providing false or misleading information

  1. A person commits an offence if:
    1. they provide false information to the Security Industry Authority in compliance, or purported compliance, with a requirement under Part 1 of the Act, and
    2. they know that the information is false or misleading, or are reckless as to whether the information is false or misleading.
  2. The offence is triable either way and the sentences for which a person may be liable are set out at subsection (2).

Section 26: Liability for offence committed by a body

  1. This section provides for cases in which a relevant person may be liable for offences in the Act that are committed by a body in which they have management or control functions. For example, if the conditions are met, a company director may be held liable for an offence committed by a company in addition to the company being liable.
  2. The relevant persons are listed in subsection (5) for different types of body or entity.
  3. Where the offence relates to a failure to comply with a compliance, restriction or information notice under the Act, the relevant person or person purporting to act in the capacity of a relevant person (P) is liable to in addition to the body if either:
    1. the offence was committed with the consent or connivance of P, or
    2. is attributable to P’s neglect.
  4. Where the offence concerns the provision of false or misleading information, obstructing an inspector or pretending to be an inspector, the relevant person or person purporting to act in the capacity of a relevant person (P) is liable in addition to the body if the offence was committed with the consent or connivance of P.

General: sections 27 to 33

Section 27: Guidance

  1. This section provides that the Secretary of State must issue guidance about the requirements imposed by or under Part 1 of the Act, such as the requirements to put in place public protection procedures and public protection measures.
  2. The Secretary of State must consult such persons as they consider appropriate before publishing guidance under this section. Guidance issued by the Secretary of State must be kept under review. The guidance may be revised and, when it is revised, it must be reissued. A copy of the guidance, including reissued guidance, must be laid before Parliament.
  3. If a person is alleged to have contravened a requirement, they may rely on proof that they acted in accordance with the issued guidance in legal proceedings. That reliance will tend to establish that they did not contravene a requirement.

Section 28: Disclosure of information

  1. This section provides a statutory gateway for the disclosure of information to the SIA. Any person can disclose information to the SIA for the purpose of the SIA’s functions under Part 1 of the Act.
  2. At the same time, the SIA may disclose information:
    1. to any person for the purpose of exercising its functions under Part 1, and
    2. to a person with functions of a public nature (e.g. a public authority) for the purpose of exercising those functions.
  3. This section further provides that the disclosure of information under Part 1 of the Act does not constitute a breach an obligation of confidence or other restriction on disclosure.
  4. The Act does not authorise disclosure that would breach data protection legislation (as defined in section 3 of the Data Protection Act 2018). The requirements imposed by the Act, and powers provided for, will be relevant to determining whether there is such a breach.

Section 29: Means of giving notices

  1. This section provides for the ways in which a notice under Part 1 of the Act (e.g. a penalty notice) may be given to a person and is self-explanatory.

Section 30: Further provision about notices

  1. The Secretary of State may make regulations for further provision in relation to notices under Part 1 of the Act. Such regulations may include matters such as the form or content of a notice.

Section 31: Civil liability

  1. This section provides that, unless otherwise provided, the Act does not confer a right of action in any civil proceedings in respect of a contravention of a requirement under the Act. This is without prejudice to any right of action that exists independently of the Act.
  2. This means that a person cannot bring a claim in private law against a person responsible for qualifying premises or a qualifying event solely for breach of statutory duty in failing to comply with the Act’s requirements (for example, an employee suing their employer).

Section 32: Powers to amend this Part

  1. This section contains powers for the Secretary of State to, by regulations, amend certain provisions in Part 1 of the Act. The Secretary of State may:
    1. change the figure in section 2(2)(c) for the minimum number of individuals expected to be present for premises to be qualifying premises (provided that it is not amended to less than 100);
    2. change the figure in sections 2(3)(a) and 3(1)(d) for the minimum number of individuals expected to be present for premises and events to be enhanced duty premises and qualifying events respectively (provided that they are not amended to less than 500);
    3. add to, remove or amend the description of the procedures listed in section 5(3);
    4. add to, remove or amend the description of the measures listed in section 6(3);
    5. amend Schedule 1 of the Act to:
      1. add a new specified use,
      2. make provision in certain cases for qualifying premises to be treated as standard duty premises or enhanced duty premises where they would not be otherwise (according to their relevant Schedule 1 use);
      3. make provision for a description of a person to be responsible for qualifying premises whose relevant Schedule 1 use is a particular specified use; and
      4. omit or amend a specified use already included in the Schedule.
    6. amend Schedule 2 of the Act to:
      1. exclude further premises or events from being subject to the requirements of Part 1 of the Act, and
      2. omit or amend an existing description of premises or events to be excluded by virtue of this Schedule.
  2. If lowering the thresholds (for being qualifying premises or events or enhanced duty premises), or specifying further public protection procedures or measures in sections 5 and 6 respectively, the Secretary of State must determine that such changes are necessary for public protection.
  3. If increasing the thresholds, the Secretary of State must determine that it is not necessary for public protection to retain the threshold.
  4. If the Secretary of State is removing or amending public protection procedures or measures that are specified in sections 5 and 6 respectively, the Secretary of State must determine that it is not necessary for public protection to retain those measures or procedures as specified at that time.
  5. The Secretary of State must consult such persons as they consider appropriate before exercising the delegated powers in subsection (1) of section 32.

Section 33: Interpretation of this Part

  1. This section is self-explanatory. It defines terms used throughout the Act.

Part 2: Licensing: Disclosure of plans of premises

Section 34: Licensing: disclosure of plans of premises

  1. This section provides for the amendment of licensing legislation in England, Wales and Scotland to prevent sensitive information in premises plans being available to the public, where this is considered necessary to reduce the risk of this sensitive information potentially being used to assist terrorist activity. 
  2. Subsection (1) allows for Schedule 4 to amend existing licensing legislation in England, Wales and Scotland.
  3. Subsection (2) contains a power for the Secretary of State to make provisions as to the form and content of plans.
  4. Subsection (3) sets out that the regulations may be made only for the purpose of restricting the disclosure of sensitive information that the Secretary of State considers is likely to be useful to a person committing or preparing an act of terrorism. 
  5. Subsection (4) enables the Secretary of State to make regulations about the fee charged by licensing authorities to applicants who wish to replace any pre-existing premises plan with a new less-detailed plan. It is not mandatory for businesses with licenses already in place to replace pre-existing plans, even if the plans are not compliant with Schedule 4. 
  6. Subsection (5) sets out that in subsection (3) "terrorism" has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act) and "committing or preparing an act of terrorism" includes the use or threat of action which it is reasonable to suspect may be being carried out in the course of, or in the planning or preparation of, an act of terrorism. 

Part 3: General

Section 35: Regulations

  1. This section does not apply to commencement regulations made under section 37. It provides that, save for regulations under the provisions listed in subsection (3), regulations under the Act are to be made subject to annulment by a resolution of either House of Parliament (the "negative procedure").
  2. Regulations under the provisions listed in subsection (3) must be laid in draft before, and approved by, both Houses of Parliament before they are made (the "affirmative procedure").

Section 36: Extent

  1. Parts 1 and 3 of the Act extend to England and Wales, Scotland and Northern Ireland. Part 2 of the Act does not extend to Northern Ireland, with Part of 1 of Schedule 4 extending to England and Wales and Part 2 of Schedule 4 extending to Scotland.

Section 37: Commencement

  1. Part 3 and regulation-making powers in Parts 1 and 2 of the Act come into force on the day the Act is passed.
  2. Other provisions come into force on such day as is appointed by regulations made by the Secretary of State, and different days may be appointed for different purposes or areas. Transitional or saving provision can be made in connection with the commencement of any provision of the Act.

Section 38: Short title

  1. This Act, once passed, is to be referred to as the Terrorism (Protection of Premises) Act 2025.

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