Praetorian - Counter Terrorism Maturity Framework Assessment Tool

Hospitals or for the provision of healthcare will be a qualifying activity. The draft Bill is clear that ‘health care’ covers ‘all forms of health care provided to individuals, whether relating to physical or mental health, and including ancillary care’ and hospital is given the meaning in section 275 of the National Health Service Act 2006.

Any organisation, whether public sector or otherwise (including charities and not for profits) will need to consider these definitions along with the public capacity of their premises to consider if the duty will apply.

What is unclear is how the duty will be incorporated into existing requirements, including those under the Civil Contingencies Act 2004 and the NHS England Emergency Preparedness, Resilience and Response Framework.

Charities and not for profit organisations, including social enterprises and community groups, operate a wide range of venues in terms of size and use.

The proposed legislation will cover libraries, museums or galleries; for recreation, exercise or leisure by visiting members of the public; as a visitor attraction of cultural, historic, touristic or educational value; as a hospital; places of worship.

Organisations will also need to consider any large events they hold and where those events are typically held given the requirements for qualifying public events.

The obligation to comply with the requirements of the Terrorism Bill will fall on the person who has control of the premises as ‘occupier or otherwise’.

The definition of ‘qualifying public premises’ includes a broad range of expected venues to which the legislation will eventually apply including, shops, hotels, food and drink retailers, nightclubs, theatres and cinemas, sports grounds and leisure venues. It excludes private dwellings and offices.

The ‘qualifying premises’ can sit within other premises – for example a large retail unit within a shopping centre and will require co-operation between retailers and the centre operators.

The regulations around capacity of premises will be determined by the Secretary of State. The current guidance indicates that “such regulations might require some types of premises to determine their capacity differently from others” and will be the subject of further updates as the Bill passes through the parliamentary process.