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.

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.

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).

Prospective

5Public protection proceduresU.K.

(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).

(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.

(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—

(a)for evacuating individuals from the premises or event;

(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;

(c)for preventing individuals entering or leaving the premises or event;

(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.

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

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

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

(2)The objectives are—

(a)to reduce the vulnerability of the premises or event to acts of terrorism;

(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.

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

(a)the monitoring of the premises or event and the immediate vicinity of the premises or event;

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

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

(d)the security of information in relation to the premises or event.

Prospective

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

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

(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.

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

(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.

(5)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.

(6)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.

(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.

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

(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.

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

(a)whether premises are qualifying premises;

(b)whether qualifying premises are enhanced duty premises;

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

(d)whether an event is a qualifying event;

(e)the premises at which a qualifying event is to be held;

(f)whether a person is responsible for qualifying premises or a qualifying event;

(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)).

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

(a)the Security Industry Authority, or

(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.

(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—

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

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

(2)The Security Industry Authority must also—

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

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

(c)keep under review the effectiveness of the requirements in reducing—

(i)the risk of physical harm to individuals arising from acts of terrorism;

(ii)the vulnerability of enhanced duty premises and qualifying events to acts of terrorism.

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

(a)must submit the guidance to the Secretary of State for approval,

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

(c)must keep any published guidance under review, and

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

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

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

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

(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.”;

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

(d)in subsection (4)(b)—

(i)the existing text after “relating to” becomes sub-paragraph (i), and

(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.”

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

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

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

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

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

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

(10)In paragraph 17—

(a)in sub-paragraph (1)—

(i)the existing text after “the Authority shall” becomes paragraph (a),

(ii)in that paragraph, after “its functions” insert “under this Act”, and

(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.”;

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

13Compliance noticesU.K.

(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.

(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.

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

(a)state the Security Industry Authority’s reasons for giving the notice;

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

(c)explain how the person may appeal against the notice.

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

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

(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.

(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.

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

(7)In this section—

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

• “specified” means specified in the compliance notice.

14Restriction noticesU.K.

(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—

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

(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.

(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.

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

(a)state the Security Industry Authority’s reasons for giving the notice;

(b)specify a period for which the notice has effect;

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

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

(e)explain how the person may appeal against the notice.

(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.

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

(a)a prohibition on how the premises may be used;

(b)a restriction on the times at which the premises may be used;

(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.

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

(a)a prohibition on the event taking place;

(b)a restriction on the times at which the event may take place;

(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.

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

(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.

(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.

(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.

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

15Variation or withdrawal of noticesU.K.

(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.

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

(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.

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

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

(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.

(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.

(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.

(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.

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

(a)the day on which the notice is given, or

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

(3)On an appeal under this section—

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

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

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

(a)based, wholly or partly, on an error of fact;

(b)wrong in law;

(c)unfair or unreasonable for any other reason.

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

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

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

(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.

(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.

(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.

(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.

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

(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.

(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.

(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.

(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.

(8)In this section—

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

• “specified” means specified in the penalty notice.

Prospective

20Determining the amount of a penaltyU.K.

(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—

(a)appropriate, and

(b)proportionate to the contravention in respect of which it is imposed.

(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)—

(a)the effects of the contravention in respect of which the penalty is imposed;

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

(c)the ability of the person to pay the penalty.

Prospective

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

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

(a)the reasons for giving the notice;

(b)the amount of the non-compliance penalty;

(c)the amount of any daily penalty;

(d)how payments may be made;

(e)the period within which payments must be made;

(f)the rights of appeal under section 22;

(g)the consequences of failing to pay the penalty.

(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.

(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.

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

(a)increase the amount of the non-compliance penalty or any daily penalty,

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

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

Prospective

22Appeals against penaltiesU.K.

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

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

(a)the day on which the penalty notice is given, or

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

(3)On an appeal under this section—

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

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

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

(a)based, wholly or partly, on an error of fact;

(b)wrong in law;

(c)unfair or unreasonable for any other reason.

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

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

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

(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.

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

(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.

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

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

(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;

(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.

(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.

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

(7)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.

(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.

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

(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.

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

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

(b)the contrary is not proved beyond reasonable doubt.

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

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

(b)obtained the permission of the court.

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

(a)the act or omission of another person, or

(b)the accused relying on information provided by another person.

(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).

(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.

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

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

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

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

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

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

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

(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);

(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);

(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);

(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.

(1)A person commits an offence if—

(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

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

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

(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);

(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);

(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);

(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.

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

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

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

(c)paragraph 10 of Schedule 3 (failure to comply with information notice).

(2)If the offence—

(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

(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.

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

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

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

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

(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.

(5)“Relevant person” means—

(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;

(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;

(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;

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

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

Prospective

27GuidanceU.K.

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

(2)The Secretary of State—

(a)must keep the guidance under review,

(b)may from time to time revise the guidance, and

(c)must publish any revised guidance.

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

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

(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.

(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.

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

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

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

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

(a)any obligation of confidence owed by the person disclosing the information, or

(b)any other restriction on the disclosure of information (however imposed).

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

(a)contravenes the data protection legislation, or

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

(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.

(6)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.

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

(a)delivering it by hand to the person,

(b)leaving it at the person’s proper address,

(c)sending it by post to the person at that address, or

(d)sending it to their email address.

(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.

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

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

(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.

(6)A person’s proper address is—

(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;

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

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

(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;

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

(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;

(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.

(8)A person’s email address is—

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

(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.

(9)In the case of—

(a)a body corporate registered outside the United Kingdom,

(b)a partnership carrying on business outside the United Kingdom, or

(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.

(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.

(11)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.

(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.

(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.

(1)In this Part—

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

• “contravention” includes a failure to comply;

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

• “document” includes information recorded in any form;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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.