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Part 1U.K.Public protection requirements

IntroductoryU.K.

Prospective

1OverviewU.K.

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

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

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

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

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

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

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

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

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

Commencement Information

I1S. 1 not in force at Royal Assent, see s. 37(2)

Prospective

2Qualifying premisesU.K.

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

(2)Premises are “qualifying premises” if—

(a)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),

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

(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

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

(3)Qualifying premises are—

(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;

(b)“standard duty premises” in any other case.

(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).

(5)Where qualifying premises form part of other qualifying premises—

(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

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

Commencement Information

I2S. 2 not in force at Royal Assent, see s. 37(2)

Prospective

3Qualifying eventsU.K.

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

(a)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),

(b)the premises are not enhanced duty premises and do not form part of enhanced duty premises,

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

(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,

(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—

(i)have paid to do so,

(ii)have tickets or passes allowing access, or

(iii)are members or guests of a club, association or similar body, and

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

(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).

Commencement Information

I3S. 3 not in force at Royal Assent, see s. 37(2)

4Persons responsible for qualifying premises or eventsU.K.

(1)For the purposes of this Part—

(a)a person is responsible for qualifying premises if the person has control of the premises in connection with their relevant Schedule 1 use;

(b)a person is responsible for a qualifying event if the person will have control of the premises at which the event is to be held in connection with their use for the event.

(2)The “relevant Schedule 1 use” of premises means—

(a)where the premises are used for only one use specified in Schedule 1, that use;

(b)where the premises are used for two or more uses specified in Schedule 1, whichever of those uses is the principal use.

(3)The Secretary of State may by regulations make provision for determining the use of premises which is to be treated as the principal use for the purposes of subsection (2)(b).

(4)If more than one person is responsible for qualifying premises or a qualifying event—

(a)references in this Part to the person responsible for the premises or event are to each such person, and

(b)two or more such persons may act jointly in complying with a requirement imposed on them in relation to the premises or event by or under this Part.

(5)This section is subject to any provision of Schedule 1 which specifies the person responsible for qualifying premises in certain cases.

Commencement Information

I4S. 4 in force at Royal Assent for specified purposes, see s. 37(2)