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Terrorism (Protection Of Premises) Act 2025

Contents

Schedules

Schedule 1 – Specified uses of premises

  1. This Schedule sets out the specified uses of premises for the purposes of section 2:
    1. if premises are wholly or mainly used for one or more of these uses, they may be qualifying premises subject to the other conditions in section 2 being met, but
    2. if they are not so used, they will not be qualifying premises for the purposes of the Act.
  2. Specified uses of premises under this Schedule include use as a shop, library, museum, sports ground, school, and higher or further education institution, among others.
  3. In some limited cases, Schedule 1 also specifies that a particular category of person will be the person responsible for qualifying premises. This is based on the relevant Schedule 1 use of the premises under section 4. For example, the governing body of a university will be the person responsible for qualifying premises pertaining to that institution.
  4. In some limited cases, Schedule 1 also provides that qualifying premises with a particular relevant Schedule 1 use are to be treated as standard duty premises or enhanced duty premises when they would not be otherwise. For example, places of worship that are qualifying premises are to be treated as standard duty premises even if they would otherwise fulfil the conditions to be enhanced duty premises.
  5. Paragraph 18 clarifies that references to "visiting members of the public" includes situations when access may be limited to members of the public who have paid to access the premises, who have tickets, or who are members or guests of a club or similar body. This is the case whether such limitations apply at all times or only at certain times.
  6. Section 32 sets out powers for the Secretary of State to amend this Schedule in several ways.

Schedule 2 – Excluded premises and events

  1. This Schedule provides for exemptions for certain premises and events.

Part 1 – Excluded premises

  1. The duties under this Act do not apply to:
    1. premises occupied for the purposes of the House of Parliament or the devolved legislatures and governments (paragraphs 1 and 2).
    2. premises that are subject to an existing relevant transport security regime (e.g. premises that are required to have in place an aerodrome security plan under section 24AE of the Aviation Security Act 1982) (paragraph 4).
    3. parks, gardens, recreation grounds etc where there are no measures in place to check that members of the public accessing the premises have paid to do so, have some form of ticket or pass, or are members or guests (paragraph 3). Such measures are to be disregarded where they relate to (i) particular events and do not limit access to the premises at other times or (ii) to particular facilities on the premises and do not limit access to the premises generally (paragraph 3A).

Part 2 – Excluded events

  1. Events will not be in scope as a qualifying event if they are to be held at premises occupied for the following purposes (see paragraph 5):
    1. either House of Parliament;
    2. the Scottish Parliament or a part of the Scottish Administration;
    3. the Senedd Cymru or the Welsh Government; or
    4. the Northern Ireland Assembly or a Northern Ireland department.
  2. Events will not be in scope as a qualifying event if they are to take place at premises where an existing transport security regime applies (see paragraph 5).
  3. Events will not be in scope as a qualifying event if they are to be held at a premises which are wholly or mainly used for: worship, childcare, or primary, secondary or further education, irrespective of the number of attendees (paragraph 6).

Schedule 3 – Investigatory powers

Terrorism protection investigations

  1. This Schedule provides for investigatory powers available to inspectors authorised by the Security Industry Authority for the purposes of a terrorism protection investigation. These powers allow inspectors to investigate whether persons responsible for qualifying premises and events are contravening, or have contravened, requirements in Part 1 of the Act (and potential offences under it).

Authorised inspectors

  1. Paragraph 2 sets out how the Security Industry Authority will authorise inspectors to exercise the powers in the Schedule and when inspectors must prove their authorisation.

Information gathering powers

  1. Paragraph 3 sets out the information-gathering powers that inspectors will have and the conditions for the giving of a notice in exercise of these powers.
  2. An inspector may, by notice, require a person to provide specified information, by a specified date. The inspector must have reason to believe that the information is necessary for a terrorism protection investigation and that the person is able to provide it.
  3. An inspector may also, by notice, require a person to attend an interview at a specified time and place for the purpose of providing information by answering questions (an interview). The inspector must have reason to believe that the person is able to provide information that the Security Industry Authority needs for the purposes of a terrorism protection investigation.
  4. A person is not required to provide information which might incriminate them, and information provided by the person is not admissible in evidence against them in criminal proceedings except as set out in sub-paragraph (8).

Powers to enter premises without a warrant

  1. Paragraph 4 sets out the powers that inspectors will have to enter premises without a warrant. On entering premises, inspectors may do various things as set out in sub-paragraph (1), such as inspecting equipment, but they cannot force entry to premises or seize items under this power.
  2. The power may be exercised only if the inspector has reason to believe that the premises are qualifying premises, or premises at which a qualifying event is to be held, and that it is necessary to do so for the purposes of a terrorism protection investigation.
  3. The power is subject to conditions including that:
    1. The occupier must be given at least 72 hours’ notice in writing, and
    2. That the power must be exercised at a reasonable hour (taking into account how the premises are used).

Conditions for issue of warrant to enter premises

  1. Under paragraph 5, an inspector may apply to a justice for a warrant of entry to premises.
  2. To grant a warrant, the justice must be satisfied that:
    1. The premises to which the application relates are in the United Kingdom,
    2. The premises are not wholly or mainly used as a private dwelling,
    3. It is necessary to enter the premises for a terrorism protection investigation, and
    4. One or more of the following conditions are met:
      1. the premises are not qualifying premises or premises at which a qualifying event is to be held, is being held or was held,
      2. the premises are such premises but inspection under paragraph 4 has been frustrated,
      3. giving notice, as required by paragraph 4, would defeat the object of entry, or
      4. urgent access to the premises is required (such that sufficient notice under paragraph 4 cannot be given).
  3. An inspector may exercise the same powers under a warrant as under paragraph 4 and any additional powers specified in the warrant, which may include the power to enter by force (if necessary) and to seize documents, equipment and other items.

Powers exercisable by warrant

  1. If a warrant is issued under paragraph 5, it may confer additional powers to those available under paragraph 4 to:
    1. enter by force (if necessary), and
    2. seize documents, equipment and other items subject to the conditions in sub-paragraph (4).
  2. The warrant may specify times at which the powers may be exercised but, if it does not, they may be exercised at any time.
  3. As with entry under paragraph 4, the inspector may be accompanied by any person required for any purpose for which the inspector is exercising the power of entry. This might include a technical expert, who can advise on the details of particular security measures, or a constable.

Evidence of authority

  1. Paragraph 7 requires that, before exercising a power under a warrant, the inspector must:
    1. produce a copy of the warrant, and
    2. supply a copy to the occupier, or any person who appears to be in charge of the premises.
  2. The inspector must also produce proof of their identify and explain the purpose for which they are exercising the power, if requested to do so.
  3. If no one appearing to be the occupier or in change of the premises is present, the inspector must leave a copy of the warrant in a prominent place on the premises.

Return of warrant

  1. Paragraph 8 requires that if a warrant is issued, the authorised inspector who executed it must return it to the issuing court and provide a summary of the powers exercised. This must be done as soon as is reasonably practicable.
  2. Sub-paragraph (2) deals with situations where a warrant is issued but is not executed.

Retention of evidence etc

  1. Paragraph 9 concerns the retention of evidence obtained under this Schedule. It is self-explanatory.

Offence of failing to comply with information notice

  1. Under paragraph 10, it is an offence to fail to comply with an information notice issued under Paragraph 3 of this Schedule.
  2. It will be a defence for the person to show that they took all reasonable steps to comply with the notice.
  3. The offence is summary only and, on conviction, a person is liable to a fine as set out in sub-paragraph (4).

Offence of obstructing an authorised inspector

  1. Under paragraph 11, it is an offence for a person to intentionally obstruct an authorised inspector in the performance of their powers under this Schedule.
  2. The offence is summary only and, on conviction, a person is liable to a fine and/or to imprisonment as set out in sub-paragraph (2).

Offence of pretending to be an authorised inspector

  1. Under paragraph 12, it is an offence for a person to falsely pretend to be an authorised inspector.
  2. The person must intend to deceive others in order to commit the offence.
  3. The offence is summary only and, on conviction, a person is liable to a fine as set out in sub-paragraph (2).

Saving for material subject to legal professional privilege

  1. Paragraph 13 provides for the protection of information or material subject to legal professional privilege (or, in Scotland, confidentiality of communications) in the exercise of powers under this Schedule.

Powers of entry: Crown application

  1. The powers to enter premises with or without a warrant in paragraphs 4 to 6 apply in relation to Crown premises, but only if the premises are not occupied by the Crown.
  2. Sub-paragraph (2) sets out the meaning of "Crown premises".

Schedule 4 – Licensing: disclosure of plans of premises

Part 1 – England and Wales

  1. Schedule 4 makes amendments to the Licensing Act 2003 and the Licensing (Scotland) Act 2005. Part 1 (paragraphs 1 to 6) of Schedule 4 relates to England and Wales and amend the Licensing Act 2003. 
  2. Paragraph 3 provides that a plan which is compliant with section 34(2) of the Act must accompany a premises licence application under section 17 of the 2003 Act.
  3. Paragraph 4 provides that a plan which is compliant with section 34(2) of the Act must accompany any plan of works supplied to a local licensing authority pursuant to section 29(6) of the 2003 Act. 
  4. Paragraph 5 provides that a plan which is compliant with section 34(2) of the Act must accompany an application for a club premises certificate. 
  5. Paragraph 6 amends Schedule 3 of the 2003 Act in relation to matters that a local licensing authority will enter in its local licensing register. The effect is that only plans which comply with section 34(2) will be available for inspection by the public if supplied after commencement date, and an interested party may apply to remove non-compliant plans already held by the local licensing authority in certain circumstances. 

Part 2 – Scotland

  1. Part 2 (paragraphs 7 to 11) of Schedule 4 relates to Scotland and amends the Licensing (Scotland) Act 2005. 
  2. Paragraph 9 provides that a plan which is compliant with section 34(2) of the Act must accompany an application for a premises licence under section 20(2)(b) of the 2005 Act.
  3. Paragraph 10 provides that a plan which is compliant with section 34(2) of the Act must accompany an application for a provisional premises licence under section 46(2) of the 2005 Act.
  4. Paragraph 11 inserts Schedule 1A into the 2005 Act in relation to matters that a Licensing Board will enter in its licensing register. The effect is that only plans which comply with section 34(2) will be available for inspection by the public if supplied after commencement date, and an interested party may apply to remove non-compliant plans already held by the Licensing Board in certain circumstances. 

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