The new Protect Duty, also known as Martyn’s Law, was conceived to establish legal requirements designed to improve protective security and preparedness at publicly accessible locations, including retail, leisure and hospitality spaces. Back in January 2022, the Government published an initial response to the Protect Duty public consultation. Since then, the journey into the statute books has not been straightforward and some elements continue to remain unclear. In this Q&A we provide a reminder of the journey so far, an update on the current status of the Protect Duty and its immediate future, and the approach your business may want to take in light of the latest developments.
The Protect Duty is proposed legislation aimed at enhancing the security measures of public spaces and venues to prevent and respond to terrorist attacks. Businesses, especially those operating in high-traffic areas or hosting large events, have been primed to understand and prepare for these regulations to ensure the safety of customers and comply with legal requirements when they are implemented.
After the King’s Speech in November 2023 (under the previous government) there was some hope there would be solid momentum behind the Protect Duty. However, following a Home Office Committee assessment of the draft legislation, the then-government decided to carry out another consultation on the bill. That consultation ended in March 2024, and the Protect Duty was included in the King’s Speech once more in July 2024. The bill is expected to be debated in Parliament soon, although no specific dates have been confirmed.
The latest consultation has introduced a number of changes, including an 18-24 month implementation period. The changes also mean staff training is no longer mandatory and the requirement to complete a specific ‘terrorism evaluation’ has been removed.
The consultation has also introduced specific requirements to: Have in place procedural measures that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises in the event of an attack.
There’s still no information on how any Protect Duty regulator would operate and by which regulatory body.
The current timeline means the earliest implementation date would be late 2026, with 2027 implementation being potentially more likely.
The Protect Duty primarily targets owners and operators of public venues, large organisations, and businesses that manage or use public spaces. Initially, it will apply to ‘Tier 1’ operations, which include venues with a capacity ranging from 100 to 799 individuals. If your retail business would be deemed Tier 1, you’re particularly advised to stay informed about the progress and specifics of the legislation as it continues to develop.
Under the proposed Protect Duty, businesses will be required to conduct thorough security assessments and implement robust measures to mitigate the risks of terrorist attacks. This includes developing and maintaining comprehensive emergency plans, covering evacuation, invacuation (safe sheltering within the premises), lockdown procedures and effective communication strategies during a crisis.
While the final details of the Protect Duty are still pending and you may not wish to make any definitive moves, you can nevertheless consider some preparations. This would include reviewing your current security and emergency response strategies, assessing the potential risks associated with your operations and considering enhancements you could make to improve safety.
You should monitor official government publications and statements from the Home Office. As the situation evolves, we’ll also work to help you stay informed and support businesses in preparing proactively.
For a smarter way to manage the implications of the Protect Duty for your retail business, get in touch with our industry specialists.
