Prospective

1OverviewU.K.

section 1 1 + (1)This Part requires persons responsible for qualifying premises (see section 2) or a qualifying event (see section 3) to take steps to reduce—

section 1 1 a + (a)the risk of physical harm to individuals arising from acts of terrorism, and

section 1 1 b + (b)for larger qualifying premises and all qualifying events, their vulnerability to acts of terrorism.

section 1 2 + (2)Section 4 makes provision about the persons responsible for qualifying premises or events.

section 1 3 + (3)Sections 5 to 10 set out the requirements.

section 1 4 + (4)Sections 11 to 26 provide for the tribunal to determine certain matters and for enforcement of the requirements by the Security Industry Authority.

section 1 5 + (5)Sections 27 to 33 make general provision in relation to this Part.

section 1 6 + (6)Schedule 1 specifies uses of premises for the purposes of determining whether premises are qualifying premises.

section 1 7 + (7)Schedule 2 provides for certain premises or events to be excluded from the requirements.

Prospective

2Qualifying premisesU.K.

section 2 1 + (1)This section applies for the purposes of this Part.

section 2 2 + (2)Premises are “qualifying premises” if—

section 2 2 a + (a)term building + the premises consist of a building or a building and other land (and for these purposes “building” includes part of a building or a group of buildings),

section 2 2 b + (b)the premises are wholly or mainly used for one or more uses specified in Schedule 1,

section 2 2 c + (c)it is reasonable to expect that from time to time 200 or more individuals may be present on the premises at the same time in connection with one or more uses specified in Schedule 1, and

section 2 2 d + (d)the premises are not specified or described in Part 1 of Schedule 2 (excluded premises).

section 2 3 + (3)Qualifying premises are—

section 2 3 a + (a)“enhanced duty premises” if it is reasonable to expect that from time to time 800 or more individuals may be present on the premises at the same time in connection with one or more uses specified in Schedule 1;

section 2 3 b + (b)“standard duty premises” in any other case.

section 2 4 + (4)Subsection (3) is subject to any provision of Schedule 1 which provides for qualifying premises to be enhanced duty premises or standard duty premises in certain cases (regardless of how they would otherwise be treated).

section 2 5 + (5)Where qualifying premises form part of other qualifying premises—

section 2 5 a + (a)if the same person is responsible for two or more of the premises, those two or more premises are to be treated as one set of qualifying premises, and

section 2 5 b + (b)subject to paragraph (a), this Part applies in relation to each of the qualifying premises.

Prospective

3Qualifying eventsU.K.

section 3 1 + (1)For the purposes of this Part, an event is a “qualifying event” if—

section 3 1 a + (a)term building + the premises at which the event is to be held consist of a building, other land or a building and other land (and for these purposes “building” includes part of a building or a group of buildings),

section 3 1 b + (b)the premises are not enhanced duty premises and do not form part of enhanced duty premises,

section 3 1 c + (c)members of the public will have access to the premises for the purpose of attending the event,

section 3 1 d + (d)it is reasonable to expect that at some point during the event 800 or more individuals may be present on the premises at the same time in connection with their use for the event,

section 3 1 e + (e)measures will be in place to secure or check that members of the public who wish to access the premises for the purpose of attending the event—

section 3 1 e i + (i)have paid to do so,

section 3 1 e ii + (ii)have tickets or passes allowing access, or

section 3 1 e iii + (iii)are members or guests of a club, association or similar body, and

section 3 1 f + (f)the event is not specified or described in Part 2 of Schedule 2 (excluded events).

section 3 2 + (2)Where the condition in subsection (1)(e) applies only in relation to one or more parts of the premises at which an event is to be held, for the purposes of this Part treat what is to be held at each such part of the premises as a separate event (to be held at that part).

Prospective

5Public protection proceduresU.K.

section 5 1 + (1)The person responsible for qualifying premises or a qualifying event must, so far as is reasonably practicable, ensure that appropriate public protection procedures are in place to further the objective mentioned in subsection (2).

section 5 2 + (2)The objective is to reduce the risk of physical harm being caused to individuals if an act of terrorism were to occur on the premises, at the event or in the immediate vicinity of the premises or event.

section 5 3 + (3)“Public protection procedures” are procedures, to be followed by individuals working on the premises or at the event if there is reason to suspect that an act of terrorism is occurring, or is about to occur, on the premises, at the event or in the immediate vicinity of the premises or event—

section 5 3 a + (a)for evacuating individuals from the premises or event;

section 5 3 b + (b)for moving individuals to a place on the premises or at the event where there is less risk of physical harm being caused to them;

section 5 3 c + (c)for preventing individuals entering or leaving the premises or event;

section 5 3 d + (d)for providing information to individuals on the premises or at the event.

Prospective

6Public protection measures for enhanced duty premises and qualifying eventsU.K.

section 6 1 + (1)The person responsible for enhanced duty premises or a qualifying event must—

section 6 1 a + (a)assess and keep under review the public protection measures that are appropriate to further the objectives mentioned in subsection (2), and

section 6 1 b + (b)so far as is reasonably practicable, ensure that such measures are in place (in addition to the procedures required by section 5).

section 6 2 + (2)The objectives are—

section 6 2 a + (a)to reduce the vulnerability of the premises or event to acts of terrorism;

section 6 2 b + (b)to reduce the risk of physical harm being caused to individuals if an act of terrorism were to occur on the premises, at the event or in the immediate vicinity of the premises or event.

section 6 3 + (3)“Public protection measures” are measures relating to—

section 6 3 a + (a)the monitoring of the premises or event and the immediate vicinity of the premises or event;

section 6 3 b + (b)the movement of individuals into, out of and within the premises or event;

section 6 3 c + (c)the physical safety and security of the premises or the premises at which the event is to be held;

section 6 3 d + (d)the security of information in relation to the premises or event.

Prospective

8Requirements to co-ordinate and co-operateU.K.

section 8 1 + (1)Subsection (2) applies if more than one person is responsible for qualifying premises or a qualifying event.

section 8 2 + (2)Those persons must, so far as is reasonably practicable, co-ordinate with each other in complying with any requirement imposed on them by or under this Part.

section 8 3 + (3)Subsection (4) applies if qualifying premises form part of other qualifying premises.

section 8 4 + (4)The persons responsible for each of those premises must, so far as is reasonably practicable, co-ordinate with each other in complying with any requirement imposed on any of them by or under this Part.

section 8 5 + (5)term p + Subsection (6) applies if a person (“P”) is not responsible for enhanced duty premises or a qualifying event but has control to any other extent of the premises or the premises at which the event is to be held.

section 8 6 + (6)term r + P must, so far as is reasonably practicable, co-operate with the person responsible for the premises or event (“R”) for the purposes of R complying with a requirement imposed on R by or under this Part.

section 8 7 + (7)In this section, references to a requirement imposed by or under this Part do not include a requirement imposed by a penalty notice.

Prospective

10Designating a senior individualU.K.

section 10 1 + (1)term r + This section applies where a person who is responsible for enhanced duty premises or a qualifying event (“R”) is not an individual.

section 10 2 + (2)R must designate an individual who is concerned in the management or control of R as having responsibility for ensuring that R complies with the requirements imposed on R by or under this Part.

Prospective

11Determinations by the tribunalU.K.

section 11 1 + (1)An interested person may apply to the tribunal for a determination of any of the following matters—

section 11 1 a + (a)whether premises are qualifying premises;

section 11 1 b + (b)whether qualifying premises are enhanced duty premises;

section 11 1 c + (c)the relevant Schedule 1 use of qualifying premises;

section 11 1 d + (d)whether an event is a qualifying event;

section 11 1 e + (e)the premises at which a qualifying event is to be held;

section 11 1 f + (f)whether a person is responsible for qualifying premises or a qualifying event;

section 11 1 g + (g)whether a person is required to co-operate with the person responsible for enhanced duty premises or a qualifying event (see section 8(5) and (6)).

section 11 2 + (2)term interested person + In this section “interested person” means—

section 11 2 a + (a)the Security Industry Authority, or

section 11 2 b + (b)any person who has (or, in relation to an event, will have at any point during the event) control to any extent of the premises or event to which the application relates.

Prospective

Investigations and enforcementU.K.

12Role of the Security Industry AuthorityU.K.

section 12 1 + (1)The Security Industry Authority must carry out the functions relating to the requirements in sections 5 to 10 that are conferred on it by this Part, including—

section 12 1 a + (a)exercising the investigatory powers in Schedule 3 for the purpose of assessing compliance with the requirements, and

section 12 1 b + (b)taking such enforcement action under this Part in relation to the requirements as it considers necessary.

section 12 2 + (2)The Security Industry Authority must also—

section 12 2 a + (a)prepare guidance about how it proposes to exercise its functions under this Part (including, in particular, the investigatory powers in Schedule 3),

section 12 2 b + (b)provide such advice about the requirements in sections 5 to 10 to such persons as it considers appropriate, and

section 12 2 c + (c)keep under review the effectiveness of the requirements in reducing—

section 12 2 c i + (i)the risk of physical harm to individuals arising from acts of terrorism;

section 12 2 c ii + (ii)the vulnerability of enhanced duty premises and qualifying events to acts of terrorism.

section 12 3 + (3)In relation to the guidance prepared under subsection (2)(a), the Security Industry Authority—

section 12 3 a + (a)must submit the guidance to the Secretary of State for approval,

section 12 3 b + (b)must publish the guidance if it is approved by the Secretary of State,

section 12 3 c + (c)must keep any published guidance under review, and

section 12 3 d + (d)may from time to time prepare revised guidance (and paragraphs (a) to (c) of this subsection apply to revised guidance).

section 12 4 + (4)The Private Security Industry Act 2001 is amended as follows.

section 12 5 + (5)In section 1 (the Security Industry Authority)—

section 12 5 a + (a)in subsection (2), in the words before paragraph (a), after “Authority” insert “under this Act”;

section 12 5 b + (b)after subsection (2) insert—

“(2A)The Authority also has the functions conferred on it by Part 1 of the Terrorism (Protection of Premises) Act 2025.”;

section 12 5 c + (c)in subsection (4)(a), after “under this Act” insert “or Part 1 of the Terrorism (Protection of Premises) Act 2025”;

section 12 5 d + (d)in subsection (4)(b)—

section 12 5 d i + (i)the existing text after “relating to” becomes sub-paragraph (i), and

section 12 5 d ii + (ii)at the end of that sub-paragraph insert “;

(ii)measures (existing or proposed) to reduce the risk of physical harm to individuals on premises and at events arising from acts of terrorism or to reduce the vulnerability of premises and events to acts of terrorism.”

section 12 6 + (6)In section 2 (directions etc by the Secretary of State)—

section 12 6 a + (a)in each of subsections (2) and (2A), after “activities” insert “under this Act”;

section 12 6 b + (b)in subsection (3), in each of paragraphs (b) and (c), after “activities” insert “under this Act”.

section 12 7 + (7)Schedule 1 (the Security Industry Authority) is amended as follows.

section 12 8 + (8)In paragraph 14, in each of sub-paragraphs (1A) and (1B), after “functions” insert “under this Act”.

section 12 9 + (9)In paragraph 15, in each of sub-paragraphs (1) and (2), after “functions” insert “under this Act”.

section 12 10 + (10)In paragraph 17—

section 12 10 a + (a)in sub-paragraph (1)—

section 12 10 a i + (i)the existing text after “the Authority shall” becomes paragraph (a),

section 12 10 a ii + (ii)in that paragraph, after “its functions” insert “under this Act”, and

section 12 10 a iii + (iii)at the end of that paragraph insert “;

(b)send to the Secretary of State a report on the carrying out of its functions under Part 1 of the Terrorism (Protection of Premises) Act 2025.”;

section 12 10 b + (b)in each of sub-paragraphs (3) and (4), for “such report” substitute “report under sub-paragraph (1)(a)”.

13Compliance noticesU.K.

section 13 1 + (1)The Security Industry Authority may give a person a compliance notice if it has reasonable grounds to believe that the person is contravening or has contravened a relevant requirement.

section 13 2 + (2)A compliance notice is a notice requiring the person to whom it is given to comply with a specified relevant requirement within a specified period.

section 13 3 + (3)A compliance notice given to a person must—

section 13 3 a + (a)state the Security Industry Authority’s reasons for giving the notice;

section 13 3 b + (b)explain what may happen if the person does not comply with the notice;

section 13 3 c + (c)explain how the person may appeal against the notice.

section 13 4 + (4)A compliance notice given to a person may—

section 13 4 a + (a)require the person to take specified steps within a specified period in order to comply with the specified relevant requirement;

section 13 4 b + (b)require the person within a specified period to provide evidence to the satisfaction of the Security Industry Authority that the person is complying or has complied with the notice.

section 13 5 + (5)Before giving a compliance notice to a person, the Security Industry Authority must give the person an opportunity to make representations about the proposed notice.

section 13 6 + (6)A person may not be given more than one compliance notice in respect of the same contravention.

section 13 7 + (7)In this section—

• term relevant requirement + “relevant requirement” means a requirement imposed by any of sections 5 to 10;

• term specified + “specified” means specified in the compliance notice.

14Restriction noticesU.K.

section 14 1 + (1)The Security Industry Authority may give a person responsible for enhanced duty premises or a qualifying event a restriction notice in respect of the premises or event if it has reasonable grounds to believe that—

section 14 1 a + (a)a person is contravening or has contravened a requirement in section 5 or 6 in relation to the premises or event, and

section 14 1 b + (b)giving the notice is necessary to reduce the risk of physical harm to individuals arising from acts of terrorism on the premises, at the event or in the immediate vicinity of the premises or event.

section 14 2 + (2)A restriction notice is a notice requiring the person to whom it is given to comply with specified prohibitions or restrictions relating to enhanced duty premises or a qualifying event.

section 14 3 + (3)A restriction notice given to a person must—

section 14 3 a + (a)state the Security Industry Authority’s reasons for giving the notice;

section 14 3 b + (b)specify a period for which the notice has effect;

section 14 3 c + (c)explain that the period for which the notice has effect may be varied under section 15;

section 14 3 d + (d)explain what may happen if the person does not comply with the notice;

section 14 3 e + (e)explain how the person may appeal against the notice.

section 14 4 + (4)The period specified under subsection (3)(b) must not exceed six months, beginning with the day on which the notice is given, unless it does so by reason of a variation under section 15.

section 14 5 + (5)The prohibitions and restrictions that may be specified in respect of enhanced duty premises include—

section 14 5 a + (a)a prohibition on how the premises may be used;

section 14 5 b + (b)a restriction on the times at which the premises may be used;

section 14 5 c + (c)a restriction on the number of individuals who may be permitted to be present on the premises at the same time or at specified times.

section 14 6 + (6)The prohibitions and restrictions that may be specified in respect of a qualifying event include—

section 14 6 a + (a)a prohibition on the event taking place;

section 14 6 b + (b)a restriction on the times at which the event may take place;

section 14 6 c + (c)a restriction on the number of individuals who may be permitted to be present at the event at the same time or at specified times.

section 14 7 + (7)A restriction notice may provide that a specified prohibition or restriction does not apply if specified conditions are met.

section 14 8 + (8)A restriction notice may require the person to whom it is given, within a specified period, to provide evidence to the satisfaction of the Security Industry Authority that the person is complying or has complied with the notice.

section 14 9 + (9)Before giving a restriction notice to a person, the Security Industry Authority must give the person an opportunity to make representations about the proposed notice.

section 14 10 + (10)Subsection (9) does not apply if the Security Industry Authority considers that there is an urgent need to give the restriction notice to the person.

section 14 11 + (11)term specified + In this section “specified” means specified in the restriction notice.

15Variation or withdrawal of noticesU.K.

section 15 1 + (1)The Security Industry Authority may vary or withdraw a compliance notice or a restriction notice by giving notice of the variation or withdrawal to the person to whom the original notice was given.

section 15 2 + (2)A compliance notice may not be varied so as to make it more onerous.

section 15 3 + (3)A restriction notice may not be varied so as to make it more onerous, except by varying it to extend the period for which it has effect.

section 15 4 + (4)A restriction notice may be varied to extend the period for which it has effect only if—

section 15 4 a + (a)the period for which it would have effect but for the variation has not expired, and

section 15 4 b + (b)the Security Industry Authority has reasonable grounds to believe that its reasons for giving the original notice will continue to apply during the extended period.

section 15 5 + (5)A restriction notice may not be varied to extend the period for which it has effect by more than three months at a time.

section 15 6 + (6)Before varying a restriction notice to extend the period for which it has effect, the Security Industry Authority must give the person to whom the original notice was given an opportunity to make representations about the proposed variation.

16Appeals against noticesU.K.

section 16 1 + (1)A person who is given a compliance notice or a restriction notice may appeal to the tribunal against the notice or a variation of the notice.

section 16 2 + (2)An appeal under this section must be brought before the end of the period of 28 days beginning with—

section 16 2 a + (a)the day on which the notice is given, or

section 16 2 b + (b)if the appeal is in respect of a variation of the notice, the day on which notice of the variation is given.

section 16 3 + (3)On an appeal under this section—

section 16 3 a + (a)if the tribunal is satisfied that any of the grounds in subsection (4) applies, it may vary or cancel the notice;

section 16 3 b + (b)if the tribunal is not so satisfied, it must dismiss the appeal.

section 16 4 + (4)The grounds referred to in subsection (3)(a) are that the decision to give or vary the notice was—

section 16 4 a + (a)based, wholly or partly, on an error of fact;

section 16 4 b + (b)wrong in law;

section 16 4 c + (c)unfair or unreasonable for any other reason.

section 16 5 + (5)In determining an appeal under this section, the tribunal may—

section 16 5 a + (a)review any determination of fact on which the decision to give or vary the notice was based;

section 16 5 b + (b)take into account evidence which was not available to the Security Industry Authority.

section 16 6 + (6)Where an appeal in respect of a compliance notice is made under this section, the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn unless the tribunal orders otherwise.

section 16 7 + (7)Where an appeal in respect of a restriction notice is made under this section, the tribunal may order that the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn.

Prospective

17Penalty noticesU.K.

section 17 1 + (1)If the Security Industry Authority is satisfied, on the balance of probabilities, that a person is contravening or has contravened a relevant requirement, it may give a penalty notice to the person.

section 17 2 + (2)A penalty notice is a notice requiring the person to pay a penalty of a specified amount (a “non-compliance penalty”) to the Security Industry Authority within a specified period.

section 17 3 + (3)A person may not be given more than one penalty notice in respect of the same contravention.

section 17 4 + (4)A penalty notice may not require a person to pay a non-compliance penalty in respect of a single contravention of an amount greater than the maximum determined in accordance with section 18.

section 17 5 + (5)A penalty notice may not specify a period for paying a non-compliance penalty that is less than 28 days, beginning with the day on which the notice is given.

section 17 6 + (6)A penalty notice may be given to a person in respect of a contravention whether or not the person has been given a compliance notice or restriction notice in respect of the contravention.

section 17 7 + (7)A person is not liable to a non-compliance penalty in respect of any failure to comply with a notice for which the person has been convicted of an offence under this Part.

section 17 8 + (8)In this section—

• term relevant requirement + “relevant requirement” means a requirement imposed by or under any of sections 5 to 10, 13 and 14 or paragraph 3 of Schedule 3;

• term specified + “specified” means specified in the penalty notice.

Prospective

20Determining the amount of a penaltyU.K.

section 20 1 + (1)A non-compliance penalty or daily penalty imposed on a person by a penalty notice must be of an amount that the Security Industry Authority considers to be—

section 20 1 a + (a)appropriate, and

section 20 1 b + (b)proportionate to the contravention in respect of which it is imposed.

section 20 2 + (2)In determining the amount of a penalty to be imposed on a person by a penalty notice, the Security Industry Authority must take into account the following matters (in addition to any other matters it considers relevant)—

section 20 2 a + (a)the effects of the contravention in respect of which the penalty is imposed;

section 20 2 b + (b)any action taken by the person to remedy the contravention or mitigate its effects;

section 20 2 c + (c)the ability of the person to pay the penalty.

Prospective

21Penalty notices: contents, procedure, variation and withdrawalU.K.

section 21 1 + (1)A penalty notice must contain the following information—

section 21 1 a + (a)the reasons for giving the notice;

section 21 1 b + (b)the amount of the non-compliance penalty;

section 21 1 c + (c)the amount of any daily penalty;

section 21 1 d + (d)how payments may be made;

section 21 1 e + (e)the period within which payments must be made;

section 21 1 f + (f)the rights of appeal under section 22;

section 21 1 g + (g)the consequences of failing to pay the penalty.

section 21 2 + (2)Before giving a penalty notice to a person, the Security Industry Authority must give the person an opportunity to make representations about the proposed notice.

section 21 3 + (3)The Security Industry Authority may vary or withdraw a penalty notice by giving notice of the variation or withdrawal to the person to whom the notice was given.

section 21 4 + (4)A penalty notice may not be varied so as to—

section 21 4 a + (a)increase the amount of the non-compliance penalty or any daily penalty,

section 21 4 b + (b)shorten the period within which the non-compliance penalty or any daily penalty must be paid, or

section 21 4 c + (c)require the payment of daily penalties not already provided for in the notice.

Prospective

22Appeals against penaltiesU.K.

section 22 1 + (1)A person who is given a penalty notice may appeal to the tribunal against the notice or a variation of the notice.

section 22 2 + (2)An appeal under this section must be brought before the end of the period of 28 days, beginning with—

section 22 2 a + (a)the day on which the penalty notice is given, or

section 22 2 b + (b)if the appeal concerns a variation of the notice, the day on which notice of the variation is given.

section 22 3 + (3)On an appeal under this section—

section 22 3 a + (a)if the tribunal is satisfied that any of the grounds in subsection (4) applies, it may vary or cancel the penalty notice;

section 22 3 b + (b)if the tribunal is not so satisfied, it must dismiss the appeal.

section 22 4 + (4)The grounds referred to in subsection (3)(a) are that the decision to give or vary the notice was—

section 22 4 a + (a)based, wholly or partly, on an error of fact;

section 22 4 b + (b)wrong in law;

section 22 4 c + (c)unfair or unreasonable for any other reason.

section 22 5 + (5)In determining an appeal under this section, the tribunal may—

section 22 5 a + (a)review any determination of fact on which the decision to give or vary the notice was based;

section 22 5 b + (b)take into account evidence which was not available to the Security Industry Authority.

section 22 6 + (6)Where an appeal in respect of a penalty notice is made under this section, the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn unless the tribunal orders otherwise.

Prospective

23Recovery of penaltiesU.K.

section 23 1 + (1)In England and Wales, a penalty is recoverable as if it were payable under an order of the High Court.

section 23 2 + (2)In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

section 23 3 + (3)In Northern Ireland, a penalty is recoverable as if it were payable under an order of the High Court.

section 23 4 + (4)Where action is taken under this section for the recovery of a penalty, the penalty—

section 23 4 a + (a)in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the High Court;

section 23 4 b + (b)in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

section 23 5 + (5)If the whole or any part of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time is to carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838.

section 23 6 + (6)Where the Security Industry Authority receives an amount in respect of a penalty (including interest), it must be paid into the Consolidated Fund.

section 23 7 + (7)term penalty + In this section “penalty” means a non-compliance penalty or daily penalty imposed by a penalty notice.

Prospective

OffencesU.K.

24Offences of failing to comply with compliance notice or restriction noticeU.K.

section 24 1 + (1)A person who is given a compliance notice in respect of a contravention which relates to enhanced duty premises or a qualifying event commits an offence if the person fails to comply with the notice.

section 24 2 + (2)A person who is given a restriction notice commits an offence if the person fails to comply with the notice.

section 24 3 + (3)It is a defence for a person (“the accused”) charged with an offence under subsection (1) or (2) to show that they took all reasonable steps to comply with the notice.

section 24 4 + (4)The accused is to be taken to have shown the fact mentioned in subsection (3) if—

section 24 4 a + (a)sufficient evidence of the fact is adduced to raise an issue with respect to it, and

section 24 4 b + (b)the contrary is not proved beyond reasonable doubt.

section 24 5 + (5)The accused may not rely on a defence under subsection (3) which involves a third party allegation unless the accused has—

section 24 5 a + (a)given a notice to the prosecutor in accordance with subsections (7) to (10), or

section 24 5 b + (b)obtained the permission of the court.

section 24 6 + (6)term third party allegation + In subsection (5) “third party allegation” means an allegation that the failure was due to—

section 24 6 a + (a)the act or omission of another person, or

section 24 6 b + (b)the accused relying on information provided by another person.

section 24 7 + (7)The notice under subsection (5)(a) must give any information in the accused’s possession which identifies, or may assist in identifying, the other person mentioned in subsection (6).

section 24 8 + (8)In the case of proceedings in England and Wales or Northern Ireland, the notice under subsection (5)(a) must be given to the prosecutor no later than seven clear days before the hearing of the proceedings.

section 24 9 + (9)In the case of summary proceedings in Scotland, the notice under subsection (5)(a) must be given to the prosecutor—

section 24 9 a + (a)where an intermediate diet is to be held, at or before that diet;

section 24 9 b + (b)where such a diet is not to be held, no later than ten clear days before the trial diet.

section 24 10 + (10)In the case of solemn proceedings in Scotland, the notice under subsection (5)(a) must be given to the prosecutor—

section 24 10 a + (a)where the proceedings are in the sheriff court, at or before the first diet;

section 24 10 b + (b)where the proceedings are in the High Court, at or before the preliminary hearing.

section 24 11 + (11)A person who commits an offence under this section is liable—

section 24 11 a + (a)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

section 24 11 b + (b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

section 24 11 c + (c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

section 24 11 d + (d)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

25Offence of providing false or misleading informationU.K.

section 25 1 + (1)A person commits an offence if—

section 25 1 a + (a)the person provides false or misleading information to the Security Industry Authority in compliance, or purported compliance, with a requirement imposed by or under this Part, and

section 25 1 b + (b)the person knows that, or is reckless as to whether, the information is false or misleading.

section 25 2 + (2)A person who commits an offence under this section is liable—

section 25 2 a + (a)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

section 25 2 b + (b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

section 25 2 c + (c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

section 25 2 d + (d)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

26Liability for offence committed by a bodyU.K.

section 26 1 + (1)Subsection (2) applies where a person who is not an individual (“the body”) commits an offence under—

section 26 1 a + (a)section 24(1) (failure to comply with compliance notice),

section 26 1 b + (b)section 24(2) (failure to comply with restriction notice), or

section 26 1 c + (c)paragraph 10 of Schedule 3 (failure to comply with information notice).

section 26 2 + (2)If the offence—

section 26 2 a + (a)is committed with the consent or connivance of a relevant person in relation to the body or a person purporting to act in the capacity of a relevant person in relation to the body, or

section 26 2 b + (b)is attributable to neglect on the part of such a person,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

section 26 3 + (3)Subsection (4) applies where a person who is not an individual (“the body”) commits an offence under—

section 26 3 a + (a)section 25 (providing false or misleading information to the Security Industry Authority),

section 26 3 b + (b)paragraph 11 of Schedule 3 (obstructing an authorised inspector), or

section 26 3 c + (c)paragraph 12 of Schedule 3 (pretending to be an authorised inspector).

section 26 4 + (4)If the offence is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

section 26 5 + (5)term relevant person + “Relevant person” means—

section 26 5 a + (a)in relation to a body corporate other than one whose affairs are managed by its members, an officer of the body or any other person who is concerned in the management or control of the body;

section 26 5 b + (b)in relation to a body corporate whose affairs are managed by its members, a member or any other person who is concerned in the management or control of the body;

section 26 5 c + (c)in relation to a limited partnership, a general partner or any other person who is concerned in the management or control of the limited partnership;

section 26 5 d + (d)in relation to any other partnership, a partner or any other person who is concerned in the management or control of the partnership;

section 26 5 e + (e)in relation to any other unincorporated association, a person who is concerned in the management or control of the association.

Prospective

27GuidanceU.K.

section 27 1 + (1)The Secretary of State must publish guidance about the requirements imposed by or under this Part.

section 27 2 + (2)The Secretary of State—

section 27 2 a + (a)must keep the guidance under review,

section 27 2 b + (b)may from time to time revise the guidance, and

section 27 2 c + (c)must publish any revised guidance.

section 27 3 + (3)Before publishing guidance under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

section 27 4 + (4)The Secretary of State must lay any guidance published under this section before Parliament.

section 27 5 + (5)Where in any proceedings it is alleged that a person has contravened a requirement imposed by or under this Part, proof that the person acted in accordance with applicable guidance under this section may be relied on as tending to establish that there was no such contravention.

Prospective

28Disclosure of informationU.K.

section 28 1 + (1)Any person may disclose information to the Security Industry Authority for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part.

section 28 2 + (2)The Security Industry Authority may disclose information held in connection with the exercise of any of its functions under this Part to—

section 28 2 a + (a)any person for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part;

section 28 2 b + (b)any person with functions of a public nature for the purposes of the exercise by that person of any of those functions.

section 28 3 + (3)A disclosure of information required or authorised by this Part does not breach—

section 28 3 a + (a)any obligation of confidence owed by the person disclosing the information, or

section 28 3 b + (b)any other restriction on the disclosure of information (however imposed).

section 28 4 + (4)But nothing in this Part requires or authorises a disclosure of information that—

section 28 4 a + (a)contravenes the data protection legislation, or

section 28 4 b + (b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

section 28 5 + (5)In determining whether a disclosure would contravene the data protection legislation, the requirements imposed, and powers conferred, by this Part are to be taken into account.

section 28 6 + (6)term the data protection legislation + In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Prospective

29Means of giving noticesU.K.

section 29 1 + (1)A notice under this Part may be given to a person by—

section 29 1 a + (a)delivering it by hand to the person,

section 29 1 b + (b)leaving it at the person’s proper address,

section 29 1 c + (c)sending it by post to the person at that address, or

section 29 1 d + (d)sending it to their email address.

section 29 2 + (2)A notice to a body corporate may be given in accordance with subsection (1) to any officer or, if the body’s affairs are managed by its members, to any member.

section 29 3 + (3)A notice to a limited partnership may be given in accordance with subsection (1) to any general partner.

section 29 4 + (4)A notice to any other partnership may be given in accordance with subsection (1) to any partner.

section 29 5 + (5)A notice to any other unincorporated association may be given in accordance with subsection (1) to any person who is concerned in the management or control of the association.

section 29 6 + (6)A person’s proper address is—

section 29 6 a + (a)in a case where the person has specified an address in the United Kingdom as one at which the person, or someone acting on the person’s behalf, will accept service of notices or other documents, that address;

section 29 6 b + (b)in any other case, the address determined in accordance with subsection (7).

section 29 7 + (7)A person’s proper address is (if subsection (6)(a) does not apply)—

section 29 7 a + (a)in the case of a body corporate (including a notice given to an officer or member of the body), the address of its registered or principal office;

section 29 7 b + (b)in the case of a partnership (including a notice given to a partner), the address of its principal office;

section 29 7 c + (c)in the case of any other unincorporated association (including a notice given to a person who is concerned in the management or control of the association), its principal office;

section 29 7 d + (d)in a case where none of paragraphs (a) to (c) apply, any address at which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of the person.

section 29 8 + (8)A person’s email address is—

section 29 8 a + (a)any email address published for the time being by that person as an address for contacting that person;

section 29 8 b + (b)if there is no such published address, any email address by means of which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of that person.

section 29 9 + (9)In the case of—

section 29 9 a + (a)a body corporate registered outside the United Kingdom,

section 29 9 b + (b)a partnership carrying on business outside the United Kingdom, or

section 29 9 c + (c)any other unincorporated association with an office outside the United Kingdom,

references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on its business or conducts its activities.

section 29 10 + (10)A notice sent to a person by email is, unless the contrary is proved, to be treated as having been given at 9am on the working day immediately following the day on which it was sent.

section 29 11 + (11)term working day + In subsection (10) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Prospective

31Civil liabilityU.K.

section 31 1 + (1)Except so far as this Part or regulations under this Part provide, nothing in this Part confers a right of action in any civil proceedings in respect of any contravention of a requirement imposed on any person by or under this Part.

section 31 2 + (2)Subsection (1) does not affect any right of action which exists apart from the provisions of this Part.

Prospective

33Interpretation of this PartU.K.

section 33 1 + (1)In this Part—

• term compliance notice + “compliance notice” means a notice under section 13;

• term contravention + “contravention” includes a failure to comply;

• term daily penalty + “daily penalty” has the meaning given by section 19;

• term document + “document” includes information recorded in any form;

• term enhanced duty premises + “enhanced duty premises” has the meaning given by section 2(3)(a);

• term general partner + “general partner” has the meaning given by section 3 of the Limited Partnerships Act 1907;

• term information + “information” includes documents, and any reference to providing information includes a reference to producing a document;

• term non compliance penalty + “non-compliance penalty” has the meaning given by section 17;

• term officer + “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;

• term penalty notice + “penalty notice” has the meaning given by section 17;

• term qualifying event + “qualifying event” has the meaning given by section 3;

• term qualifying premises + “qualifying premises” has the meaning given by section 2(2);

• term relevant schedule 1 use + “relevant Schedule 1 use” has the meaning given by section 4(2);

• term restriction notice + “restriction notice” means a notice under section 14;

• term standard duty premises + “standard duty premises” has the meaning given by section 2(3)(b);

• term terrorism + “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act);

• term the tribunal + “the tribunal” means the First-Tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.

section 33 2 + (2)References in this Part to a person having control of premises is a reference to the person having control as occupier or otherwise.

section 33 3 + (3)References in this Part to acts of terrorism (however expressed) include the use or threat of action which it is reasonable to suspect may be being carried out in the course of, or in the planning or preparation of, an act of terrorism.