Terrorism (Protection of Premises) Act 2025
- “railway station” means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
- “trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles).
Aerodromes
12
Use for affording facilities for the landing and departure of aircraft (including those capable of descending or climbing vertically), other than use exclusively for military purposes (but see paragraph 4(a) of Schedule 2).
Childcare
13
- (1) Use for the provision of—
- (a) in England—
- (i) early years provision in respect of which a person is required to be registered under section 34 of the Childcare Act 2006,
- (ii) later years provision in respect of which a person is required to be registered under section 53 of that Act, or
- (iii) education or childcare in a maintained nursery school within the meaning of section 22 of the School Standards and Framework Act 1998;
- (b) in Wales—
- (i) day care for children within the meaning of Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1), or
- (ii) childcare in a school in Wales within the meaning of the Education Act 1996 as it applies in relation to Wales (see section 4 of that Act);
- (c) in Scotland—
- (i) early learning and childcare within the meaning of Part 6 of the Children and Young People (Scotland) Act 2014 (asp 8) (see section 46 of that Act), or
- (ii) the day care of children within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8) (see paragraph 13 of Schedule 12 to that Act);
- (d) in Northern Ireland—
- (i) day care for children within the meaning given by Article 2(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),
- (ii) pre-school education, within the meaning given by Article 17(8) of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), or
- (iii) education in a nursery school, within the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).
- (2) In sub-paragraph (1)(a) “childcare”, “early years provision” and “later years provision” have the same meanings as in Part 3 of the Childcare Act 2006 (see section 98 of that Act).
- (3) Where the relevant Schedule 1 use of qualifying premises is a use mentioned in sub-paragraph (1), the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).
Primary and secondary education
14
- (1) Use for the purposes of a primary or secondary education institution.
- (2) In this paragraph “primary or secondary education institution” means—
- (a) an institution in England or Wales which is—
- (i) a school that has been approved under section 342 of the Education Act 1996,
- (ii) a maintained school within the meaning given by section 20(7) of the School Standards and Framework Act 1998,
- (iii) an independent school registered under section 158 of the Education Act 2002,
- (iv) an independent educational institution registered under section 95(1) of the Education and Skills Act 2008,
- (v) an Academy school within the meaning given by section 1A of the Academies Act 2010,
- (vi) an alternative provision Academy within the meaning given by section 1C of that Act, or
- (vii) a pupil referral unit or other institution at which education is provided in pursuance of arrangements made under section 19 or 19A of the Education Act 1996;
- (b) in Scotland, a grant-aided school, independent school or public school within the meanings given by section 135 of the Education (Scotland) Act 1980;
- (c) in Northern Ireland, a school within the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) at which full‐time education is provided for pupils of compulsory school age (whether or not full-time or part-time education is also provided for pupils under or over that age).
- (3) Where the relevant Schedule 1 use of qualifying premises is use for the purposes of a primary or secondary education institution—
- (a) the person responsible for the premises for the purposes of this Part is—
- (i) in a case where the institution is a pupil referral unit, the local authority by which it is maintained, and
- (ii) in any other case, the governing body or, where there is no governing body, the proprietor of the institution, and
- (b) the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).
Further education
15
- (1) Use for the provision of—
- (a) further education in an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992),
- (b) education in a 16 to 19 Academy in England,
- (c) education in England by an independent training provider,
- (d) further education for persons under 19 by a local authority in England,
- (e) further education in an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992),
- (f) any other post-16 education or training in Wales, the facilities for which are secured under section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000, that is funded by the Welsh Ministers or a local authority in Wales, but that is not provided by—
- (i) an institution in Wales within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992), or
- (ii) a person who is a provider of such post-16 education or training only by reason of providing such education or training to the person’s employees,
- (g) further education in Scotland by a body listed in Schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6),
- (h) further education in Scotland by a college of further education which is assigned to a regional strategic body by an order made under section 7C of that Act, or
- (i) further education at an institution recognised under Article 8 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) or established under section 5 of the Agriculture Act (Northern Ireland) 1949 (c. 2 (N.I.)).
- (2) Where the relevant Schedule 1 use of qualifying premises is a use mentioned in sub-paragraph (1)—
- (a) the person responsible for the premises for the purposes of this Part is—
- (i) in a case within paragraph (a), (e), (h) or (i) of that sub-paragraph, the governing body of the institution, college or institute concerned;
- (ii) in a case within paragraph (b) of that sub-paragraph, the proprietor of the 16 to 19 Academy concerned;
- (iii) in a case within paragraph (c) of that sub-paragraph, the independent training provider concerned;
- (iv) in a case within paragraph (d) of that sub-paragraph, the local authority in England concerned;
- (v) in a case within paragraph (f) of that sub-paragraph, the person providing the education concerned;
- (vi) in a case within paragraph (g) of that sub-paragraph, the listed body concerned, and
- (b) the premises are standard duty premises for the purposes of this Part (regardless of how they would otherwise be treated).
- (3) In this paragraph—
- “16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;
- “further education”— in relation to provision in England or Wales, has the same meaning as in the Education Act 1996 (see section 2 of that Act); in relation to provision in Scotland, has the same meaning as in Part 1 of the Further and Higher Education (Scotland) Act 1992 (see sections 1(3) and 6 of that Act); in relation to provision in Northern Ireland, has the meaning given by Article 3 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));
- “independent training provider” means a provider— that is a provider of post-16 education or training in England— to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 (inspection of further education and training etc) applies, and which is funded, wholly or partly, by the Secretary of State, a local authority in England, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, and that is not— an employer who only provides such education or training to its employees, a 16 to 19 Academy, a school (within the meaning of section 4(1) of the Education Act 1996), a local authority in England, an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), or a higher education provider (within the meaning given by section 83(1) of the Higher Education and Research Act 2017);
- “local authority in England” has the same meaning as in the Education Act 1996 (see sections 579(1) and 581 of that Act);
- “local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
Higher education
16
- (1) Use for the purposes of a higher education institution.
- (2) Where the relevant Schedule 1 use of qualifying premises is use for the purposes of a higher education institution the person responsible for the premises for the purposes of this Part is the governing body of the institution.
- (3) In this paragraph—
- “governing body”— in relation to a higher education institution in England or Wales, has the meaning given by section 85 of the Higher Education and Research Act 2017; in relation to a higher education institution in Scotland, has the meaning given by section 35(2) of the Further and Higher Education (Scotland) Act 2005; in relation to a higher education institution in Northern Ireland, has the meaning given by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12));
- “higher education institution” means— an institution in England or Wales which is— a qualifying institution within the meaning of section 11 of the Higher Education Act 2004 (including a training provider who is a qualifying institution by virtue of that section and section 21(1) of that Act), or an institution principally concerned with the provision of education by means of courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses); a provider of higher education in England and Wales designated under section 84 of the Higher Education and Research Act 2017; in Scotland, a higher education institution within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005 (asp 6); an institution in Northern Ireland which provides higher education within the meaning given by Article 2(2) of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15));
- “training provider” means a person who provides training in England or Wales for members of the school workforce within the meaning of Part 3 of the Education Act 2005 (see section 100 of that Act);
- “use for the purposes of a higher education institution” includes providing residential accommodation for students at a higher education institution where the accommodation is managed by or on behalf of the institution.
Public authorities
17
- (1) Use (other than use mentioned elsewhere in this Schedule) for the provision by a public authority of facilities or services to visiting members of the public.
- (2) Where the relevant Schedule 1 use of qualifying premises is the use mentioned in sub-paragraph (1), the person responsible for the premises is the public authority.
- (3) In this paragraph “public authority” means a person exercising functions of a public nature.
References to visiting members of the public
18
In determining for the purposes of this Schedule whether premises are used by visiting members of the public, it is irrelevant that access to the premises may be limited (at all times or particular times) to members of the public who—
- (a) have paid to access the premises,
- (b) have tickets or passes allowing access, or
- (c) are members or guests of a club, association or similar body.
Schedule 2
Part 1 — Excluded premises
Legislatures and devolved administrations
1
Premises occupied for the purposes of either House of Parliament (to the extent that this Part would, but for this paragraph, apply in relation to such premises).
2
Premises occupied for the purposes of—
- (a) the Scottish Parliament or a part of the Scottish Administration;
- (b) Senedd Cymru or the Welsh Government;
- (c) the Northern Ireland Assembly or a Northern Ireland department.
Parks, gardens, etc
3
- (1) Premises are within this paragraph if they meet the conditions in sub-paragraphs (2) and (3).
- (2) The condition in this sub-paragraph is that the premises consist of—
- (a) a park,
- (b) a garden,
- (c) a recreation ground,
- (d) a sports ground that is not a designated sports ground, or
- (e) other open-air premises used for recreation or leisure.
- (3) The condition in this sub-paragraph is that no measures are in place to secure or check that members of the public who wish to access the premises—
- (a) have paid to do so,
- (b) have tickets or passes allowing access, or
- (c) are members or guests of a club, association or similar body.
- (4) For the purposes of sub-paragraph (3) disregard measures in place in relation to—
- (a) particular events, if the measures do not limit public access to the premises at other times, or
- (b) particular facilities, if the measures do not limit public access to the premises generally.
- (5) Nothing in this paragraph—
- (a) prevents premises which do not fall within this paragraph, but form part of premises which do, being qualifying premises;
- (b) prevents events held at premises which fall within this paragraph, or form part of such premises, being qualifying events.
- (6) “Sports ground”—
- (a) in relation to England and Wales and Scotland, has the meaning given by section 17(1) of the Safety of Sports Grounds Act 1975 (and see section 1(4) of that Act for the meaning of “designated sports ground”);
- (b) in relation to Northern Ireland, has the meaning given by Article 2(2) of the Safety of Sports Grounds (Northern Ireland) Order 2006 (S.I. 2006/313 (N.I. 2)) (and see Article 3 of that Order for the meaning of “designated sports ground”).
Transport security
4
Premises are within this paragraph if—
- (a) an aerodrome security plan under section 24AE of the Aviation Security Act 1982 is in force in relation to the premises or any part of the premises,
- (b) the premises or any part of the premises is a relevant asset for the purposes of section 119 of the Railways Act 1993 in relation to which an instruction under that section is in force,
- (c) a direction under the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) is in force in relation to the premises or any part of the premises,
- (d) a port facility security plan under Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security is in force in relation to the premises or any part of the premises, or
- (e) a port security plan under the Port Security Regulations 2009 (S.I. 2009/2048) is in force in relation to the premises or any part of the premises.
Part 2 — Excluded events
Events to be held on certain excluded premises
5
An event that is to be held at premises specified or described in paragraph 1, 2 or 4 of this Schedule.
Events at places of worship, schools, etc
6
An event that is to be held at premises wholly or mainly used for a use specified in paragraph 9, 13, 14 or 15 of Schedule 1 (worship, childcare or primary, secondary or further education).
Schedule 3
Terrorism protection investigations
1
In this Schedule “terrorism protection investigation” means an investigation by the Security Industry Authority to determine whether a person—
- (a) is contravening or has contravened a requirement imposed by or under this Part, or
- (b) is committing or has committed an offence under this Part.
Authorised inspectors
2
- (1) The Security Industry Authority may authorise persons to—
- (a) exercise information gathering powers under paragraph 3;
- (b) exercise powers of entry and inspection under paragraph 4;
- (c) apply for a warrant to be issued under paragraph 5 and execute such a warrant.
- (2) In this Schedule “authorised inspector” means—
- (a) in relation to paragraph 3, a person authorised under sub-paragraph (1)(a);
- (b) in relation to paragraph 4, a person authorised under sub-paragraph (1)(b);
- (c) in relation to paragraphs 5 to 8, a person authorised under sub-paragraph (1)(c);
- (d) in relation to paragraph 11 or 12, a person authorised under any of sub-paragraphs (1)(a) to (1)(c).
- (3) A person may be authorised to exercise a power under this Schedule only if the person appears to the Security Industry Authority to be suitably qualified to exercise the power.
- (4) An authorisation under this paragraph—
- (a) must be in writing;
- (b) may be varied or withdrawn by the Security Industry Authority by an instrument in writing.
- (5) When exercising or seeking to exercise a power under this Schedule, an authorised inspector must, if asked, produce—
- (a) a copy of the authorisation, and
- (b) a copy of any instrument varying the authorisation.
Information gathering powers
3
- (1) An authorised inspector may by notice require a person—
- (a) to provide specified information by a specified date, or
- (b) to attend at a specified time and place and provide information by answering questions.
- (2) If a notice under sub-paragraph (1)(a) requires a person to provide information which is kept in electronic form, the notice may require it to be provided in a form in which it is visible and legible or from which it can readily be generated in a visible and legible form.
- (3) An authorised inspector may give a person a notice under sub-paragraph (1)(a) only if the inspector has reason to believe that—
- (a) the specified information is required for the purposes of a terrorism protection investigation, and
- (b) the person is able to provide the specified information.
- (4) An authorised inspector may give a person a notice under sub-paragraph (1)(b) only if the inspector has reason to believe that the person is able to provide information required for the purposes of a terrorism protection investigation.
- (5) A person is not required under this paragraph to provide any information which might incriminate the person (and see paragraph 13).
- (6) A notice under this paragraph must—
- (a) specify that it is a notice containing a requirement under this paragraph;
- (b) explain the grounds for the inspector believing the matters in sub-paragraph (3)or (4);
- (c) explain the consequences of failing to comply with the requirement;
- (d) attach evidence of the inspector’s authority to exercise the powers under this paragraph.
- (7) An authorised inspector may vary or withdraw a notice under this paragraph by giving notice of the variation or withdrawal to the person to whom the notice was given.
- (8) Information provided by a person under this paragraph is not admissible in evidence against that person in criminal proceedings except—
- (a) if the proceedings are for a false statement offence, or
- (b) if in the proceedings—
- (i) in giving evidence the person makes a statement inconsistent with the information, and
- (ii) evidence as to the information is adduced, or a question relating to it is asked, by or on behalf of the person.
- (9) In this paragraph—
- “false statement offence” means an offence under— section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath), or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements);
- “specified” means specified in the notice.
Powers to enter premises without a warrant
4
- (1) An authorised inspector may enter premises and do any of the following things—
- (a) inspect the premises;
- (b) observe the carrying on of activities on the premises;
- (c) view any document on, or capable of being viewed using equipment on, the premises;
- (d) inspect any equipment or other item on the premises;
- (e) require any person on the premises to provide an explanation of any document or to state where it can be found;
- (f) take copies of any document;
- (g) take measurements and photographs and make recordings;
- (h) require any person on the premises to give the inspector any assistance that the inspector may reasonably require for the purposes of this paragraph.
- (2) The power under this paragraph may be exercised in respect of premises only if an authorised inspector has reason to believe that—
- (a) the premises are qualifying premises or premises at which a qualifying event is to be held, is being held or has been held, and
- (b) the exercise of the power is necessary for the purposes of a terrorism protection investigation.
- (3) Before exercising the power under this paragraph in relation to premises, an authorised inspector must give the occupier of the premises at least 72 hours’ notice in writing of the proposal to exercise the power.
- (4) When exercising the power under this paragraph in relation to premises, an authorised inspector must, if requested to do so by a person on the premises—
- (a) produce evidence of the inspector’s identity, and
- (b) explain the purpose for which the power is to be exercised;
(and see paragraph 2(5) for the requirement to produce a copy of an authorisation if requested).
- (5) The power under this paragraph must be exercised at a reasonable hour (having regard to the way in which the premises are used).
- (6) The inspector may be accompanied by any person and bring anything required for any purpose for which the inspector is exercising the power under this paragraph.
Conditions for issue of warrant to enter premises
5
- (1) A justice may issue a warrant in respect of premises if satisfied on an application made by an authorised inspector that—
- (a) the premises are in the United Kingdom,
- (b) the premises are not used wholly or mainly as a private dwelling,
- (c) it is necessary for an authorised inspector to enter the premises for the purposes of a terrorism protection investigation, and
- (d) one or more of the conditions in sub-paragraph (2) are met in relation to the premises.
- (2) The conditions are that—
- (a) the premises are not qualifying premises or premises at which a qualifying event is to be held, is being held or has been held;
- (b) the premises are qualifying premises or premises at which a qualifying event is to be held, is being held or has been held and an inspection without a warrant has been frustrated;
- (c) giving notice to enter the premises would defeat the object of entry;
- (d) an authorised inspector requires access to the premises urgently.
- (3) For the purposes of sub-paragraph (2)(b), an inspection of premises without a warrant has been frustrated if—
- (a) an authorised inspector has given notice of the proposal to enter the premises under the power under paragraph 4, as required by paragraph 4(3), and
- (b) access has been denied or an authorised inspector has been prevented from doing any other thing mentioned in paragraph 4(1).
- (4) In this paragraph “justice” means—
- (a) in England and Wales, a justice of the peace;
- (b) in Scotland, a sheriff or summary sheriff;
- (c) in Northern Ireland, a lay magistrate.
Powers exercisable by warrant
6
- (1) A warrant issued under paragraph 5 in respect of premises—
- (a) permits any authorised inspector to enter the premises and do any other thing mentioned in paragraph 4(1), and
- (b) confers such additional powers as may be specified in the warrant.
- (2) A power of entry under a warrant issued under paragraph 5 may be exercised—
- (a) at the times specified in the warrant, or
- (b) if no times are specified in the warrant, at any time.
- (3) “Additional powers” means—
- (a) the power to enter by force (if necessary);
- (b) the power to seize documents, equipment or other items.
- (4) If the warrant specifies the additional power in sub-paragraph (3)(b)—
- (a) an authorised inspector may only seize a thing if it appears to the inspector that—
- (i) the thing is evidence of an offence under this Part, and
- (ii) the seizure is necessary to prevent that evidence being concealed, lost, altered or destroyed;
- (b) an authorised inspector who seizes a thing must, on request by any person appearing to be in charge of the premises, give a receipt for the thing seized.
- (5) An authorised inspector may be accompanied by any person and bring anything required for any purpose for which the inspector is exercising the power under the warrant.
- (6) If an authorised inspector has entered premises under a warrant issued under paragraph 5 and no person appearing to be in charge of the premises is present when the inspector is on the premises, the inspector must leave the premises as effectively secured against trespassers as the inspector found them.
Evidence of authority
7
- (1) Before exercising the power to enter premises under a warrant issued under paragraph 5 in respect of premises, an authorised inspector must—
- (a) produce a copy of the warrant;
- (b) supply the occupier (if present), or any other person appearing to the inspector to be in charge of the premises, with a copy of the warrant.
- (2) If requested to do so by a person on the premises, the inspector must also—
- (a) produce evidence of the inspector’s identity, and
- (b) explain the purpose for which the power is exercised;
(and see paragraph 2(5) for the requirement to produce an authorisation if requested).
- (3) If neither the occupier nor any other person appearing to the inspector to be in charge of the premises is present, the inspector must leave a copy of the warrant in a prominent place on the premises.
Return of warrant
8
- (1) If a warrant issued under paragraph 5 is executed, the authorised inspector who executed it must return it to the court from which it was issued as soon as reasonably practicable with an endorsement summarising the exercise of the powers in paragraph 6.
- (2) If a warrant issued under paragraph 5 is not executed, the Security Industry Authority must return it to the court from which it was issued as soon as reasonably practicable with an endorsement stating that it was not executed.
Retention of evidence etc
9
- (1) A thing obtained under this Schedule in connection with a terrorism protection investigation may be retained by the Security Industry Authority for so long as is necessary for the purposes of the investigation.
- (2) But a thing may not be retained if a copy, photograph or other recording of the thing would be sufficient for the purposes of the investigation.
Offence of failing to comply with information notice
10
- (1) A person who is given a notice under paragraph 3 commits an offence if the person fails to comply with it.
- (2) It is a defence for a person charged with an offence under this paragraph to show that the person took all reasonable steps to comply with the notice.
- (3) Subsections (4) to (10) of section 24 apply to a defence under sub-paragraph (2) as they apply to a defence under subsection (3) of that section.
- (4) A person who commits an offence under this paragraph is liable on summary conviction—
- (a) in England and Wales, to a fine;
- (b) in Scotland, to a fine not exceeding level 5 on the standard scale;
- (c) in Northern Ireland, to a fine not exceeding level 5 on the standard scale.
Offence of obstructing an authorised inspector
11
- (1) A person commits an offence if the person intentionally obstructs an authorised inspector in the exercise of a power conferred by this Schedule.
- (2) A person who commits an offence under this paragraph is liable on summary conviction—
- (a) in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);
- (b) in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);
- (c) in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).
- (3) In sub-paragraph (2)(a) “the maximum term for summary offences” means—
- (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
- (b) if the offence is committed after that time, 51 weeks.
Offence of pretending to be an authorised inspector
12
- (1) A person commits an offence if the person, with intent to deceive, falsely pretends to be an authorised inspector.
- (2) A person who commits an offence under this paragraph is liable on summary conviction—
- (a) in England and Wales, to a fine;
- (b) in Scotland, to a fine not exceeding level 5 on the standard scale;
- (c) in Northern Ireland, to a fine not exceeding level 5 on the standard scale.
Saving for material subject to legal professional privilege
13
Nothing in this Schedule confers power to—
- (a) require any person to provide information, or
- (b) copy, photograph, record or seize anything,
in respect of which a claim to legal professional privilege (or in Scotland to confidentiality of communications) could be maintained in legal proceedings.
Powers of entry: Crown application
14
- (1) Paragraphs 4 to 6 apply in relation to Crown premises that are not occupied by the Crown.
- (2) “Crown premises” means any premises that are property—
- (a) belonging to His Majesty in right of the Crown or of the Duchy of Lancaster,
- (b) belonging to the Duchy of Cornwall,
- (c) belonging to a government department or held in trust for His Majesty for the purposes of a government department, or
- (d) belonging to an office-holder in the Scottish Administration or held in trust for His Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration.
Schedule 4
Part 1 — England and Wales
1
The Licensing Act 2003 is amended as follows.
2
In section 8 (requirement to keep a register)—
- (a) in subsection (1)(c) after “mentioned in” insert “Part 1 of”, and
- (b) after subsection (1) insert—
(1A) Part 2 of Schedule 3 makes provision about the inclusion of plans of premises and plans of works in a register kept under this section.
3
In section 17(3) (list of things that must accompany an application for a premises licence) omit the “and” at the end of paragraph (b) and insert—
(ba) if that plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, by a plan of those premises that is compliant with those regulations, and
.
4
In section 29(6) (list of things that must be included in a schedule of works accompanying an application for a provisional statement) omit the “and” at the end of paragraph (b) and insert—
(ba) if those plans are not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, plans of those works that are compliant with those regulations, and
.
5
In section 71(4) (list of things that must accompany an application for a club premises certificate) omit the “and” at the end of paragraph (b) and insert—
(ba) if that plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, a plan of those premises that is compliant with those regulations, and
.
6
- (1) Schedule 3 (matters to be entered in licensing register) is amended as follows.
- (2) For the heading substitute “Further provision about licensing registers”.
- (3) After the heading insert—
.
- (4) The existing text becomes paragraph 1.
- (5) At the end insert—
(2) (1) This paragraph applies where a licensing authority— (a) receives an application under section 17 (application for premises licence), (b) receives an application under section 71 (application for club premises certificate), (c) issues a premises licence, or (d) issues a club premises certificate. (2) The authority must not enter in the register kept by it under section 8 a plan of the premises to which the application, licence or certificate relates unless the plan complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025. (3) (1) This paragraph applies where a licensing authority receives an application under section 29 (application for provisional statement). (2) The authority must not enter in the register kept by it under section 8 a plan of the works at the premises to which the application relates unless the plan complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025. (4) (1) This paragraph applies where— (a) a licensing authority— (i) has received a pre-commencement application under section 17 (application for premises licence), (ii) has received a pre-commencement application under section 71 (application for club premises certificate), (iii) has issued a pre-commencement premises licence, or (iv) has issued a pre-commencement club premises certificate, and (b) the register kept by the licensing authority under section 8 contains a plan of the premises to which the application, licence or certificate relates that does not comply with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the non-compliant plan”). (2) An interested person may apply to the authority for the non-compliant plan to be— (a) removed from the register, and (b) replaced with a modified version of the plan that complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the compliant plan”). (3) An application under sub-paragraph (2) must be accompanied by— (a) the compliant plan, and (b) a fee of an amount specified by regulations under section 34(4) of the Terrorism (Protection of Premises) Act 2025. (4) If the authority receives an application under sub-paragraph (2) that complies with sub-paragraph (3), the authority must— (a) remove the non-compliant plan from the register, and (b) replace it with the compliant plan. (5) Sub-paragraphs (6) and (7) apply where the application under sub-paragraph (2) relates to— (a) a pre-commencement application under section 17 that was made before 27 March 2013, (b) a pre-commencement application under section 71 that was made before that date, (c) a pre-commencement premises licence that was issued before that date, or (d) a pre-commencement club premises certificate that was issued before that date. (6) In such a case sub-paragraph (4) applies only if the register containing the non-compliant plan is accessible to the public online. (7) If the register containing the non-compliant plan is not accessible to the public online but the interested person specifies (in the application under sub-paragraph (2)) the location of that plan in the register, the authority may remove that plan from the register and replace it with the compliant plan. (8) In this paragraph— - “interested person” means a person who holds a premises licence or club premises certificate in respect of the premises to which the plan mentioned in sub-paragraph (1)(b) relates; - “pre-commencement application under section 17” means an application under section 17 made before the date on which paragraph 3 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force; - “pre-commencement application under section 71” means an application under section 71 made before the date on which paragraph 5 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force; - “pre-commencement premises licence” means a premises licence the application for which is a pre-commencement application under section 17; - “pre-commencement club premises certificate” means a club premises certificate the application for which is a pre-commencement application under section 71. (5) (1) This paragraph applies where— (a) a licensing authority has received a pre-commencement application under section 29 (application for provisional statement), and (b) the register kept by the licensing authority under section 8 contains a plan of the works at the premises to which the application relates that does not comply with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the non-compliant plan”). (2) An interested person may apply to the authority for the non-compliant plan to be— (a) removed from the register, and (b) replaced with a modified version of the plan that complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the compliant plan”). (3) An application under sub-paragraph (2) must be accompanied by— (a) the compliant plan, and (b) a fee of an amount specified by regulations under section 34(4) of the Terrorism (Protection of Premises) Act 2025. (4) If the authority receives an application under sub-paragraph (2) that complies with sub-paragraph (3), the authority must— (a) remove the non-compliant plan from the register, and (b) replace it with the compliant plan. (5) Sub-paragraphs (6) and (7) apply where the application under sub-paragraph (2) relates to a pre-commencement application under section 29 that was made before 27 March 2013. (6) In such a case sub-paragraph (4) applies only if the register containing the non-compliant plan is accessible to the public online. (7) If the register containing the non-compliant plan is not accessible to the public online but the interested person specifies (in the application under sub-paragraph (2)) the location of that plan in the register, the authority may remove that plan from the register and replace it with the compliant plan. (8) In this paragraph— - “interested person” means a person who holds a premises licence, club premises certificate or provisional statement in respect of the premises to which the plan mentioned in sub-paragraph (1)(b) relates; - “pre-commencement application under section 29” means an application under section 29 made before the date on which paragraph 4 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force. (6) (1) This paragraph applies where a licensing authority— (a) is prevented by paragraph 2 or 3 from entering a plan of premises or plan of works in the register kept by it under section 8, (b) is required by paragraph 4(4) or 5(4) to remove a plan of premises or plan of works from the register kept by it under section 8, or (c) has removed, under paragraph 4(7) or 5(7), a plan of premises or plan of works from the register kept by it under section 8. (2) The authority must not disclose the plan otherwise than in accordance with section 185 (provision of information to other licensing authorities or responsible authorities).
Part 2 — Scotland
7
The Licensing (Scotland) Act 2005 (asp 16) is amended as follows.
8
In section 9 (Licensing Board’s duty to keep a public register) after subsection (2) insert—
(2A) Schedule 1A makes provision about the inclusion of plans of premises in a licensing register.
9
In section 20(2)(b) (list of things that must accompany an application for a premises licence) after sub-paragraph (ii) insert—
(iiza) if that layout plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, a plan of the subject premises that is compliant with those regulations,
.
10
In section 46(2) (list of things that must accompany an application for confirmation of a provisional premises licence) omit the “and” at the end of paragraph (c) and insert—
(ca) if that layout plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, a plan of those premises that is compliant with those regulations, and
.
11
After Schedule 1 insert—
Schedule 1A (1) (1) This paragraph applies where a Licensing Board— (a) receives a premises licence application, (b) issues a premises licence, or (c) receives an application for confirmation of a provisional premises licence. (2) The Board must not enter in the licensing register kept by it a plan of the premises to which the application or licence relates unless the plan complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025. (2) (1) This paragraph applies where— (a) a Licensing Board— (i) has received a pre-commencement premises licence application, (ii) has issued a pre-commencement premises licence, or (iii) has received a pre-commencement application for confirmation of a provisional premises licence, and (b) the licensing register kept by the Board contains a plan of the premises to which the application or licence relates that does not comply with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the non-compliant plan”). (2) An interested person may apply to the Board for the non-compliant plan to be— (a) removed from the register, and (b) replaced with a modified version of the plan that complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the compliant plan”). (3) An application under sub-paragraph (2) must be accompanied by— (a) the compliant plan, and (b) a fee of an amount specified in regulations under section 34(4) of the Terrorism (Protection of Premises) Act 2025. (4) If the Board receives an application under sub-paragraph (2) that complies with sub-paragraph (3), the Board must— (a) remove the non-compliant plan from the register, and (b) replace it with the compliant plan. (5) Sub-paragraphs (6) and (7) apply where the application under sub-paragraph (2) relates to— (a) a pre-commencement premises licence application that was made before 27 March 2013, (b) a pre-commencement application for confirmation of a provisional premises licence that was made before that date, or (c) a pre-commencement premises licence that was issued before that date. (6) In such a case sub-paragraph (4) applies only if the register containing the non-compliant plan is accessible to the public online. (7) If the register containing the non-compliant plan is not accessible to the public online but the interested person specifies (in the application under sub-paragraph (2)) the location of that plan in the register, the Board may remove that plan from the register and replace it with the compliant plan. (8) In this paragraph— - “interested person” means a person who holds a premises licence in respect of the premises to which the plan mentioned in sub-paragraph (1)(b) relates; - “pre-commencement premises licence application” means a premises licence application made before the date on which paragraph 9 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force; - “pre-commencement premises licence” means a premises licence the application for which was a pre-commencement premises licence application; - “pre-commencement application for confirmation of a provisional premises licence” means an application under section 46(1) for confirmation of a pre-commencement premises licence. (3) (1) This paragraph applies where a Licensing Board— (a) is prevented by paragraph 1 from entering a plan of premises in the licensing register kept by it, (b) is required by paragraph 2(4) to remove a plan of premises from the register kept by it, or (c) has removed, under paragraph 2(7), a plan of premises from the register kept by it. (2) The Board may disclose the plan to a person mentioned in sub-paragraph (3) for the purpose of facilitating the exercise of the person’s functions under this Act. (3) The persons are— (a) a Licensing Board, (b) a Licensing Standards Officer, (c) the council within whose area the premises are situated, (d) the relevant health board, (e) the chief constable, (f) the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises. (4) The Board must not disclose the plan otherwise than in accordance with sub-paragraph (2). (5) If the plan is disclosed in accordance with this paragraph the plan must not be further disclosed except to a person mentioned in sub-paragraph (3) for the purpose of facilitating the exercise of the person’s functions under this Act.
Overview
Qualifying premises
Qualifying events
Persons responsible for qualifying premises or events
Public protection procedures
Public protection measures for enhanced duty premises and qualifying events
Enhanced duty premises and qualifying events: documenting compliance
Requirements to co-ordinate and co-operate
Notification requirements
Designating a senior individual
Determinations by the tribunal
Role of the Security Industry Authority
Compliance notices
Restriction notices
Variation or withdrawal of notices
Appeals against notices
Penalty notices
Maximum amount of a non-compliance penalty
Daily penalties
Determining the amount of a penalty
Penalty notices: contents, procedure, variation and withdrawal
Appeals against penalties
Recovery of penalties
Offences of failing to comply with compliance notice or restriction notice
Offence of providing false or misleading information
Liability for offence committed by a body
Guidance
Disclosure of information
Means of giving notices
Further provision about notices
Civil liability
Powers to amend this Part
Interpretation of this Part
Licensing: disclosure of plans of premises
Regulations
Extent
Commencement
Short title
Shops etc
Food and drink
Entertainment and leisure activities
Sports grounds
Libraries, museums and galleries etc
Halls etc
Visitor attractions
Hotels etc
Places of worship
Health care
Bus stations, railway stations etc
Aerodromes
Childcare
Primary and secondary education
Further education
Higher education
Public authorities
References to visiting members of the public
Legislatures and devolved administrations
Parks, gardens, etc
Transport security
Events to be held on certain excluded premises
Events at places of worship, schools, etc
Terrorism protection investigations
Authorised inspectors
Information gathering powers
Powers to enter premises without a warrant
Conditions for issue of warrant to enter premises
Powers exercisable by warrant
Evidence of authority
Return of warrant
Retention of evidence etc
Offence of failing to comply with information notice
Offence of obstructing an authorised inspector
Offence of pretending to be an authorised inspector
Saving for material subject to legal professional privilege
Powers of entry: Crown application
Editorial notes
[^key-aa6aa9b6dfbda33299d37faf32573660]: S. 1 not in force at Royal Assent, see s. 37(2)
[^key-4357431447e4d3ad998dea91dfbb75b8]: S. 2 not in force at Royal Assent, see s. 37(2)
[^key-e423d6f3cd9d0b85c915f02d2c03b3e6]: S. 3 not in force at Royal Assent, see s. 37(2)
[^key-6fe88ab0ba7c0e4111a23b5918951e5f]: S. 4 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-d5a2a50d557766c48c6fc35f7a7a9d44]: S. 5 not in force at Royal Assent, see s. 37(2)
[^key-6df42f1cf6e1e3c812ab7467543fa302]: S. 6 not in force at Royal Assent, see s. 37(2)
[^key-7ae77adfa64dba0ef56dcf489bbef11f]: S. 7 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-87f4db2ed49b816a232d381d65d3b241]: S. 8 not in force at Royal Assent, see s. 37(2)
[^key-e22c8ac5e6728bb384a8c53c228281aa]: S. 9 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-ab4d5c62dce306b4adb80dac0f3ea325]: S. 10 not in force at Royal Assent, see s. 37(2)
[^key-63814474c1949fc83efcf61313f0c5dd]: S. 11 not in force at Royal Assent, see s. 37(2)
[^key-1b2bffcb70ddae864fc0b5cc84867168]: S. 12 not in force at Royal Assent, see s. 37(2)
[^key-38459318148b0f2a04828286e646839a]: S. 13 not in force at Royal Assent, see s. 37(2)
[^key-aba78cda013ad4a81088d7cc4b91cd21]: S. 14 not in force at Royal Assent, see s. 37(2)
[^key-6b0bb5f994910e72904d37c2670440b6]: S. 15 not in force at Royal Assent, see s. 37(2)
[^key-d4b690d1d27a22aa4e579e8ae6d8b429]: S. 16 not in force at Royal Assent, see s. 37(2)
[^key-e4865ea018bfa5c083d8d01e8cc31207]: S. 17 not in force at Royal Assent, see s. 37(2)
[^key-6029f8875d441badc236f3ffb8fe3d3b]: S. 18 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-e838c75e184ee4df9c0f34e1036ef4ca]: S. 19 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-71629574b87dc9af84a3de7ad6992825]: S. 20 not in force at Royal Assent, see s. 37(2)
[^key-cc3c55908ddfe1ac81889306f16c4f9b]: S. 21 not in force at Royal Assent, see s. 37(2)
[^key-236d6e607cbb53bf286a3cd91acad9bc]: S. 22 not in force at Royal Assent, see s. 37(2)
[^key-da2117362feba5612a4c71a64e0e700d]: S. 23 not in force at Royal Assent, see s. 37(2)
[^key-7b3a32eaec57f7c64cf7a64e13cc018e]: S. 24 not in force at Royal Assent, see s. 37(2)
[^key-a0b41c1b0957e19a658177036cf9dbe4]: S. 25 not in force at Royal Assent, see s. 37(2)
[^key-af0b6347dd03fa838f6e7caed7584359]: S. 26 not in force at Royal Assent, see s. 37(2)
[^key-9d451152969c800bca54178934756a1a]: S. 27 not in force at Royal Assent, see s. 37(2)
[^key-96805309e2058a7ac3fe380ab0958e57]: S. 28 not in force at Royal Assent, see s. 37(2)
[^key-59c4454aba2852250fd8cf98f68e8e70]: S. 29 not in force at Royal Assent, see s. 37(2)
[^key-adb751e624e706bccc0ff91db4e2b25e]: S. 30 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-e1939aef872a64a341d2c1011432bd32]: S. 31 not in force at Royal Assent, see s. 37(2)
[^key-775eeb0e017baec404bc941ccd975492]: S. 32 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-5b6bcd7bb313023b6fbd6f6442f65415]: S. 33 not in force at Royal Assent, see s. 37(2)
[^key-f157a5e315439033ff48f1429598f8b7]: S. 34 in force at Royal Assent for specified purposes, see s. 37(2)
[^key-05c7f583548ae4c044fcf4d9db4eade1]: S. 35 in force at Royal Assent, see s. 37(1)
[^key-cdb6d012cf573658f47e7107bad2aedb]: S. 36 in force at Royal Assent, see s. 37(1)
[^key-1fd3abedd1e9bad45d8c0cc305fb8242]: S. 37 in force at Royal Assent, see s. 37(1)
[^key-30122695ad44b1d61f9b20f8570e54b1]: S. 38 in force at Royal Assent, see s. 37(1)
[^key-9bf2bbebeb89425f541b0b57ad80f446]: Sch. 1 para. 1 not in force at Royal Assent, see s. 37(2)
[^key-21e43d3c36e9f25f0f9dead5fe449808]: Sch. 1 para. 2 not in force at Royal Assent, see s. 37(2)
[^key-600c2ec9f3356057c52c7ad30e680fb6]: Sch. 1 para. 3 not in force at Royal Assent, see s. 37(2)
[^key-247e03d00f554b650883f88a998589a5]: Sch. 1 para. 4 not in force at Royal Assent, see s. 37(2)
[^key-944b0cfcff5a7c4818333daec17a241c]: Sch. 1 para. 5 not in force at Royal Assent, see s. 37(2)
[^key-5237f6d1ec16e0f508e0e0a7e5a369e9]: Sch. 1 para. 6 not in force at Royal Assent, see s. 37(2)
[^key-f35c520b85b2d874304ce04b3b8dcfbe]: Sch. 1 para. 7 not in force at Royal Assent, see s. 37(2)
[^key-c58feee33ba74c18c95e8d47a30fcea0]: Sch. 1 para. 8 not in force at Royal Assent, see s. 37(2)
[^key-3c1a0a9a199479fd772610aeccf4ad7d]: Sch. 1 para. 9 not in force at Royal Assent, see s. 37(2)
[^key-b2a8b1def68043f8b7c660b8a4214511]: Sch. 1 para. 10 not in force at Royal Assent, see s. 37(2)
[^key-3a01486d5ff6441b1104215005e812ad]: Sch. 1 para. 11 not in force at Royal Assent, see s. 37(2)
[^key-84945998c1115113fb92b83c1e0efe95]: Sch. 1 para. 12 not in force at Royal Assent, see s. 37(2)
[^key-d7ffb3618dd7435384357f7a35993164]: Sch. 1 para. 13 not in force at Royal Assent, see s. 37(2)
[^key-443c958f1006ef70b38ca4ca704a43a1]: Sch. 1 para. 14 not in force at Royal Assent, see s. 37(2)
[^key-376b04d4e221988b0d3ea4700c7a256d]: Sch. 1 para. 15 not in force at Royal Assent, see s. 37(2)
[^key-211b9f0bf2c53df06fc7577a0c5af32e]: Sch. 1 para. 16 not in force at Royal Assent, see s. 37(2)
[^key-55fd5cf8e30e0391b8e0e074fc1ab0d1]: Sch. 1 para. 17 not in force at Royal Assent, see s. 37(2)
[^key-7840b9f786847587c93356d36fb06976]: Sch. 1 para. 18 not in force at Royal Assent, see s. 37(2)
[^key-2196908169d149dc3683a6ea16c4ac97]: Sch. 2 para. 1 not in force at Royal Assent, see s. 37(2)
[^key-21178ff749550685c21e51df9a28a3bc]: Sch. 2 para. 2 not in force at Royal Assent, see s. 37(2)
[^key-e257ded11861e0f1d19cc52f56e58b9d]: Sch. 2 para. 3 not in force at Royal Assent, see s. 37(2)
[^key-9a2161abb0d35844e84583d3713abcd7]: Sch. 2 para. 4 not in force at Royal Assent, see s. 37(2)
[^key-7fcd2a4dc1f13a254b6fc68dc374c91b]: Sch. 2 para. 5 not in force at Royal Assent, see s. 37(2)
[^key-d5558d5d01e56ca9c73009b295c34bc8]: Sch. 2 para. 6 not in force at Royal Assent, see s. 37(2)
[^key-bf49915b10630249154dc89399ae2319]: Sch. 3 para. 1 not in force at Royal Assent, see s. 37(2)
[^key-24da36fa48c6b33f72110f1cde5194ed]: Sch. 3 para. 2 not in force at Royal Assent, see s. 37(2)
[^key-daa37f561f2d1d25ab7140952864a5f9]: Sch. 3 para. 3 not in force at Royal Assent, see s. 37(2)
[^key-5f97d75f71e6a90b515c824856adeeba]: Sch. 3 para. 4 not in force at Royal Assent, see s. 37(2)
[^key-3a41874a5f14bc11e27a93a3ee59942a]: Sch. 3 para. 5 not in force at Royal Assent, see s. 37(2)
[^key-4c8bd63f6cb5f07ac83854b0aac66b1d]: Sch. 3 para. 6 not in force at Royal Assent, see s. 37(2)
[^key-df3e150fafa2cd119e5a4d76d35f42be]: Sch. 3 para. 7 not in force at Royal Assent, see s. 37(2)
[^key-bc79436053ff535643313a9d28d52f1c]: Sch. 3 para. 8 not in force at Royal Assent, see s. 37(2)
[^key-76060a85be786bbf97c690881b56d543]: Sch. 3 para. 9 not in force at Royal Assent, see s. 37(2)
[^key-4773a378f3c007fe39e76fb465f06c51]: Sch. 3 para. 10 not in force at Royal Assent, see s. 37(2)
[^key-7ebe820578629a6ac947514e70a903f9]: Sch. 3 para. 11 not in force at Royal Assent, see s. 37(2)
[^key-44413e07cf695f2bc31ca43eedeb5490]: Sch. 3 para. 12 not in force at Royal Assent, see s. 37(2)
[^key-4bfeebe88b532db382643bb86ef27721]: Sch. 3 para. 13 not in force at Royal Assent, see s. 37(2)
[^key-d0914564b1dc64a77b2f4db201ac4cf0]: Sch. 3 para. 14 not in force at Royal Assent, see s. 37(2)
[^key-d244f4268c1b56dbd24c0ad5097c3839]: Sch. 4 para. 1 not in force at Royal Assent, see s. 37(2)
[^key-0c82d556f4943ec7768dab3feb40dd26]: Sch. 4 para. 2 not in force at Royal Assent, see s. 37(2)
[^key-0063b305d2e8cda4b71bb8e6758eba32]: Sch. 4 para. 3 not in force at Royal Assent, see s. 37(2)
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