The Terrorism (Protection of Premises) Act 2025

The Terrorism (Protection of Premises) Act 2025 – also known as Martyn’s Law or the Protect Duty is a piece of legislation passed last year to help organisations prepare for terror threats and protect lives. Named after Martyn Hett, one of the victims of the 2017 Manchester Arena attack, the legislation is currently undergoing a 24-month implementation period. This means that full enforcement is expected to begin in 2027. To help businesses, local authorities and organisations prepare and understand the requirements, the Home Office recently released statutory Martyn’s Law Guidance.

Two main schedules of the act include:

Schedule 1

is the gateway test for whether a premises falls under the Protect Duty (Martyn’s Law) and whether it is treated as Standard or Enhanced. It does this by defining what the premises is used for, not just its size.

What Schedule 1 Actually Does

Schedule 1 sets out the specific activities that bring a premises into scope. A site becomes a qualifying premises only if it is wholly or mainly used for one or more of the listed activities. This matters because the Act regulates use, not just buildings.
To explore any of these concepts further, you can tap the links:

• qualifying premises
• principal use
• standard duty
• enhanced duty

Key Functions of Schedule 1

1. Definition of Use
Schedule 1 lists the types of activities that bring a premises into scope, such as:

• entertainment venues
• retail premises
• food_and_drink venues
• sports grounds
• museums_and_galleries
• visitor attractions

If a premises is mainly used for one of these, it is in scope.

Places of Worship, Education, and Childcare

These categories receive special treatment:
They are always Standard Duty, even if their capacity exceeds the usual threshold for Enhanced Duty.
They must still meet the 200-person threshold to be in scope at all.

Principal Use Test

If a premises has multiple functions, Schedule 1 requires identifying the principal activity.
Examples:

• A stadium with a large retail shop → principal use is sport, not retail.
• A café inside a museum → principal use is museum, not food service.

This prevents venues from being misclassified based on secondary or incidental activities.

Schedule 1 works with:

• Section 2 → defines qualifying premises
• Section 3 → distinguishes Standard vs Enhanced duty

The flow is:

• Does the premises meet a Schedule 1 use?
• Does it meet the 200-person threshold?

If yes, is its capacity ≥ 800?
If ≥ 800 and not exempt (e.g., worship/education), it becomes Enhanced Duty.

Why Schedule 1 Matters

It determines:

• Whether the law applies at all
• Which duty tier applies
• What level of security planning is required
• How mixed‑use or complex venues are classified
• It is the foundation for the entire regulatory framework.

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