KEY POINTS
- Schedule 2 of the Act excludes three groups of premises: legislatures and devolved governments, open-access parks and similar open-air spaces, and transport sites already covered by their own security regimes.
- Places of worship, childcare settings, schools and further education premises are in scope from 200 people, but always stay in the standard tier, and events held there cannot be qualifying events.
- Universities and other higher education premises get no special treatment and can be enhanced tier.
- A unit inside a larger building can be qualifying premises in its own right, judged on its own numbers, with duties to co-ordinate with the wider site.
- Premises not used for a Schedule 1 purpose, or with fewer than 200 people, are outside the Act, but can still host a qualifying event.
The short answer
The Terrorism (Protection of Premises) Act 2025 applies to premises wholly or mainly used for one of the uses in Schedule 1 (shops, food and drink, entertainment and leisure, hotels and so on) where 200 or more people may be present at the same time, from time to time. Within that, the Act has a short list of outright exclusions and a separate set of special cases that change how the rules apply.
There is no general exemption for small businesses, charities, volunteers or seasonal venues. If your premises meet the criteria and are not excluded, you are in scope. Run your details through our free tier checker first, then use this guide to test whether any exclusion or special rule applies to you.
Excluded premises under Schedule 2
Part 1 of Schedule 2 lists premises that are never qualifying premises:
| Exclusion | What it covers | Key condition |
|---|---|---|
| Legislatures and devolved administrations | Premises occupied for the purposes of either House of Parliament, the Scottish Parliament or Scottish Administration, Senedd Cymru or the Welsh Government, and the Northern Ireland Assembly or a Northern Ireland department | Must be occupied for those purposes |
| Parks, gardens and open-air recreation | Parks, gardens, recreation grounds, sports grounds that are not designated sports grounds, and other open-air premises used for recreation or leisure | Only where there are no measures to check that people have paid, hold tickets or passes, or are members or guests |
| Transport security | Premises covered by an aerodrome security plan, a Railways Act 1993 section 119 instruction, a Channel Tunnel security direction, a port facility security plan or a port security plan | The relevant plan, instruction or direction must be in force for the premises or part of them |
The parks exclusion is narrower than it looks. Charging for particular facilities, such as pitch hire, or ticketing particular events does not remove the exclusion, as long as general public access is not limited at other times. But a park or garden with paid entry at the gate is not excluded. And the exclusion does not stop a separate building inside a park, such as a café or visitor centre, from qualifying on its own, or stop an event held in the park from being a qualifying event.
Railway, bus, coach and tram stations are listed as Schedule 1 uses, so a station without one of the specified security regimes in force can be in scope. Aerodromes used exclusively for military purposes are not a Schedule 1 use at all.
Excluded events
Part 2 of Schedule 2 says an event cannot be a qualifying event if it is held at:
- premises excluded as legislatures or devolved administrations, or under the transport security exclusion
- premises wholly or mainly used as a place of worship, for childcare, or for primary, secondary or further education
Note what is missing: events in parks and open spaces are not excluded. A ticketed concert for 800 or more people in a public park can be a qualifying event, and the responsible person is whoever controls that area for the event. See qualifying events for the full test.
Places of worship
Use for communal worship or other communal religious practice is a Schedule 1 use. A church, mosque, synagogue, temple, gurdwara or cathedral where 200 or more people may be present at the same time is therefore in scope. The special rule is that it is always standard duty premises, however many people attend, even 800 or more.
In practice this means a large place of worship must notify the SIA and have appropriate public protection procedures, but does not have the enhanced tier duties of public protection measures, a compliance document or a designated senior individual. Events held there are not qualifying events. The Home Office guidance gives the example of a synagogue hired for a fundraising concert expecting 1,000 people: the synagogue stays standard tier, the event does not qualify, and the governing body remains the responsible person, though the hire agreement can bind the organiser to help.
The Home Office guidance also notes that very large numbers may still affect what procedures are appropriate, even at standard tier. Read more in our guide for places of worship.
Schools, nurseries and colleges
Childcare (registered early years and later years provision and their equivalents in Wales, Scotland and Northern Ireland), primary and secondary schools, and further education are all Schedule 1 uses. Like places of worship, premises where one of these is the principal use are always standard tier from 200 people, and events held there cannot be qualifying events. The Home Office notes that existing safety and safeguarding requirements mean many of these settings already have access control, lockdown and evacuation arrangements.
The Act also fixes the responsible person for some of these settings:
- Schools: the governing body or, where there is none, the proprietor. For a pupil referral unit, the local authority that maintains it.
- Further education colleges: usually the governing body; for a 16 to 19 Academy, the proprietor; for a publicly funded independent training provider, the provider.
The Department for Education says DfE-funded independent training providers fall within the special consideration, but privately owned independent training providers do not and are treated like any other premises.
Higher education is different. Universities and their managed student accommodation are a Schedule 1 use with the governing body as responsible person, but there is no special threshold, so a busy campus can be enhanced tier. See schools, colleges and universities.
Premises inside larger premises
Shopping centres, entertainment complexes, transport hubs and mixed-use buildings often contain many separate operators. The Act deals with this in section 2(5):
- Each unit is assessed on its own numbers. A shop inside a shopping centre is qualifying premises only if 200 or more people may be present in that shop at the same time. You do not add the footfall of the whole centre.
- The larger premises are assessed on everyone inside, including people in the units.
- If the same person is responsible for two or more of the nested premises, they are treated as one set of qualifying premises.
- Responsible persons for nested qualifying premises must co-ordinate with each other so far as is reasonably practicable, for example to deconflict evacuation routes and lockdown plans.
- A unit that is out of scope has no duty to put procedures in place, but may need to co-operate with the responsible person for larger enhanced tier premises, often through lease terms.
For example, a 300-person restaurant inside an enhanced tier shopping centre would be standard tier premises in its own right. It needs its own procedures, but they must fit the centre's. A 40-cover café in the same centre would be out of scope, though the centre can still require it, through its lease, to follow the centre's evacuation plan. Our guide to multi-tenant and shared buildings covers this in depth.
Crown premises and other edge cases
The Home Office guidance treats Crown premises as exempt, applying the general rule that an Act does not bind the Crown except by express words or necessary implication. Crown premises include property belonging to a government department or held in trust for the Crown for a department's purposes. However, the requirements can apply to Crown premises that are not occupied by the Crown, such as a government-owned building let to a private operator, if the other criteria are met. The Act does not contain a general provision on armed forces premises beyond the military aerodrome point above, so if you operate on defence land, check the position with the relevant department.
Other situations that commonly cause confusion:
- Open-air sites with no building, such as a ruined abbey, are not qualifying premises, because premises must include a building. They can still host qualifying events.
- Premises mainly used for a non-Schedule 1 purpose, such as an office, factory or private home, are outside the premises rules, though a separate part used as a shop could qualify, and a qualifying event can bring them into scope temporarily.
- A one-off, unforeseeable surge above a threshold that is not expected again does not change your tier. Planned peaks, such as seasonal sales, do.
- Public authority premises serving visiting members of the public are a Schedule 1 use in their own right, with the authority as responsible person.
How to check your own case
- Confirm there is a building (or part, or group of buildings) on the site.
- Identify the Schedule 1 use and, if there is more than one, the principal use. The Home Office has published guidance on principal use alongside regulations on it.
- Assess the greatest number reasonably expected at the same time, including staff. See how to calculate capacity.
- Check the three Schedule 2 exclusions above.
- Check whether the special standard tier rule applies (worship, childcare, schools, further education).
- If you sit inside larger premises, or contain other operators, map who controls what and plan to co-ordinate.
- Record your reasoning. If the answer is genuinely disputed, the Act lets the SIA or anyone with control of the premises ask the tribunal to decide.
If you are in scope, the next step is usually the standard tier duties. Our packs are designed for that.
Frequently asked questions
Are churches and mosques exempt from Martyn's Law?
No. Places of worship where 200 or more people may be present at the same time are in scope, but they are always standard tier, even above 800 people. They must notify the SIA and have public protection procedures, but the enhanced tier duties do not apply.
Are schools covered by Martyn's Law?
Yes, from 200 people including staff and pupils. Childcare, primary, secondary and further education premises are always standard tier, and the governing body or proprietor is usually the responsible person. Universities have no special rule and can be enhanced tier.
Is a public park in scope of Martyn's Law?
Open-access parks, gardens and recreation grounds are excluded where there are no checks on payment, tickets or membership for general entry. A building within the park can still qualify, and a ticketed event in the park with 800 or more people can be a qualifying event.
Does a shop inside a shopping centre count the whole centre's footfall?
No. The shop is assessed on the people expected in the shop itself. The shopping centre is assessed separately on everyone in the centre, and the two must co-ordinate if both are in scope.
Are small businesses or charities exempt?
No. There is no exemption based on business size, charitable status or use of volunteers. The tests are the use of the premises, the number of people and the Schedule 2 exclusions.
Sources
General information based on the Act and published guidance, not legal advice. Check the official statutory guidance on GOV.UK for your situation.