What is the Protect Duty Legislation?

WHAT IS THE PROTECT DUTY LEGISLATION?

Also known as Martyn’s Law, the legislation is headed by Figen Murray, the mother of Martyn Hett who was a victim of the Manchester Arena attack in 2017. After attending a theatre show in 2018, Figen realised that there had been no increase in security following the tragic events of 2017. And with the UK's current terror threat level being 'substantial' (level 3 of 5) or higher since 2019, more needed to be done.

As a result, she drew up Martyn's Law with the desire to keep the public safer when out and about.

Although organisations already have a duty of care under existing legislation, the Protect Duty will clarify responsibilities and pull them into a single framework.

The legislation will introduce a legal obligation for the owners and operators of publicly accessible locations (PALs) to take suitable and proportionate measures to protect the public from terrorist attacks and increase public safety.

Protect Duty is a proposed piece of UK legislation, expected to come into force by 2023, which aims to better protect visitors, staff and the wider public from terrorism in public spaces.

WHO DOES PROTECT DUTY IMPACT?

According to the Home Office, the legislation is expected to affect approximately 650,000 UK organisations across three main areas. But, it may also apply to other locations, parties and processes by exception. The main 3 areas are:

Public venues

(e.g. entertainment and sports venues, tourist attractions, shopping centres)

Large organisations

(e.g. retail, or entertainment chains)

Public spaces

(e.g. public parks, beaches, bridges, town/city squares and pedestrianised areas)

The organisations impacted are expected to be primarily private businesses that operate in public venues, or who have 250+ employees and occupy publicly accessible locations.

The proposal will also impose the legislation on any other venue with a capacity of 100 people or more. This includes local and public authorities who own or operate in publicly accessible locations. It is however noted that the government may lower this figure in the future to include lower capacity venues.

In this context, a publicly accessible location is defined as "any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission".

Some of the everyday locations included are:

sports stadiums
music venues
hotels, restaurants and pubs
casinos
high streets
retail stores
shopping centres and markets

schools and universities
medical centres and hospitals
places of worship
government offices
job centres
transport hubs
parks and beaches

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