www.nsi.org.uk/your-workplace/protect-duty

The Protect Duty

What is the Protect Duty?

In the wake of the 2017 Manchester Arena terror attack and the subsequent ‘Martyn's Law’ campaign by Figen Murray OBE following the tragic loss of her son in the incident, Martyn's Law Terrorism (Protection of Premises) Bill was reaffirmed in the King's Speech. In advance of the Bill’s introduction, the Government has decided to launch a further public consultation on a revised approach to the standard tier.

Martyn’s Law will improve protective security and organisational preparedness across the UK by mandating, for the first time, those responsible for certain publicly accessible premises and events (PALs) consider the terrorist risk and how they would respond to an attack.

What are PALs?

PALs are defined by the UK government ”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”. They include a wide and diverse range of everyday locations and adopt a tiered model linked to the activity that takes place at a location and its capacity:

Standard Tier applying to locations with a maximum capacity of over 100

Enhanced Tier focussing on locations with a high capacity of over 800 people at any time

To increase their protection, under the Protect Duty owners and/or operators of Enhanced Tier locations will be required to consider or employ security measures including the requirement to:

Undertake a risk assessment to inform the development and implementation of a security plan to assess the balance of risk reduction required to achieve a successful level of security preparedness (including Fire and Health and Safety) with measures to protect and train staff
Use existing information and guidance provided by the Government and the police to consider terrorist threats to the public and staff at locations they own or operate

Assess the potential impact of these risks through systems and processes across their organisation
Develop a clear plan on how to deal with or act as a result of a terrorist attack.

Smaller organisations and venues will be required to introduce low-cost/no-cost preparedness measures such as:

Training, information-sharing and completion of a preparedness plan to embed practices
Staff training on how to identify the signs of hostile reconnaissance, potential threats, likely attack methods and how to respond

Dedicated statutory guidance and customised support will be provided by the Government to ensure these locations can effectively discharge their responsibilities, including small venues.

The Government continues to engage with stakeholders in preparing forthcoming Protect Duty legislation, and is collaborating in a tripartite, the Counter Terrorism Alliance, with the National Counter Terrorism Security Office (NaCTSO) and Pool Reinsurance. The partnership has brought together the knowledge of policing, to develop and launch a new series of resources as part of the ProtectUK platform.

Martyn’s Law will apply across the whole of the United Kingdom and draft legislation is scheduled to be published by mid 2023.

ProtectUK provides advice, guidance, e-learning and other helpful content by utilising experience and research to discover innovative approaches to better inform businesses and the public on the threat, and best practices to counter terrorism including:

the ProtectUK online hub, a valuable resource providing counter terrorism and security advice. Its beneficiaries include business owners, those working in security, and members of the public.
the ProtectUK App, downloadable via the Google Play Store or the Apple Store supports businesses in helping them to protect and prepare their customers, staff and premises against the threat of terrorism, whilst also increasing their overall security. It provides accessible, clear and simple, actionable guidance to anyone during and after an incident.
Public Access Trauma (PAcT) first aid kits.
Publicly Accessible Locations Guidance
General advice to increase your safety when attending gigs and festivals, sporting events or travelling on holiday.
Digital toolkit

Download the Protect UK App in IoS and Android to protect your business, customers, staff and premises

Third party certification reassurance

The Protect Duty proposals are rightly shining a spotlight on future duty-of-care security arrangements at places where the public have access. Changes in legislation emerging in the aftermath of such tragic events could seek to leverage UKAS accredited third party certification to drive the behaviours necessary to manage security risks in publicly accessible locations.

Certificated/approved security companies play a central role in helping buyers to discharge their legal responsibilities, including those related to health & safety, employment law and other requirements e.g. related insurance stipulations. Independent, third-party certification quickly and visibly demonstrates providers’ technical expertise and a reassuring quality of service.

Buyers choosing an independently approved company have confidence from knowing their chosen provider is subject to ongoing verification of compliance through an impartial audit programme, demonstrating their openness to independent scrutiny, their professionalism and trustworthiness.

NSI’s Guarding Gold approval scheme, for instance, is one to which many of the leading providers of private security services in the UK have committed. Companies holding this approval can demonstrate they undergo a rigorous, annual audit programme to verify compliance to British Standards and codes of practice and will work to ensure the front-line staff they employ are well-versed in the NaCTSO ProtectUK guidance and relevant procedures. The majority of NSI Guarding approved providers combine their NSI approval with the SIA's Approved Contractor Scheme, through NSI's 'Passport' scheme.