NALC calls for proportionate implementation of Martyn's Law guidance

We have welcomed the development of guidance to support the implementation of Martyn's Law, while urging the Security Industry Authority (SIA) to ensure that its regulatory approach remains proportionate and accessible for parish and town councils.

In our response to the SIA's consultation on draft Section 12 guidance, which sets out how it intends to exercise its functions as the regulator under the Terrorism (Protection of Premises) Act 2025, we welcomed the passage of Martyn's Law and the publication of the accompanying Section 27 guidance earlier this year. We also highlighted our involvement in Home Office advisory processes that helped inform the development of the legislation and supporting guidance.

We stressed that the effectiveness of the new Section 12 guidance will depend on how well it aligns with the existing guidance and how accessible it is to those expected to comply with it. We called on the SIA to ensure the guidance is concise, written in plain English and structured in a way that enables smaller organisations to understand their responsibilities without requiring specialist expertise. We also expressed our expectation that the SIA will continue to engage with the sector as the guidance is implemented and updated in future.

Our response highlighted that approximately 6,000 parish and town councils in England are classified as smaller councils, often operating with limited staffing and financial resources and relying heavily on volunteers. We therefore argued that the SIA's regulatory approach, particularly in relation to enforcement and sanctions, should remain proportionate and risk-based.

We also called on the SIA to share examples of good practice with parish and town councils, helping them understand how public sector bodies whose premises or events fall within the scope of the Act can comply effectively with their obligations and work constructively with the regulator.

We noted that many smaller councils manage or co-manage community buildings and events that the legislation may cover but do so only occasionally and with constrained resources. As a result, we believe parish and town councils should be supported through a phased and educational approach to compliance, particularly during the period immediately following implementation of the Act in spring 2027.

We further highlighted the need for greater clarity around responsibilities in complex situations, such as where parish and town councils act as landlords, leaseholders or joint organisers of events. We warned that without clear guidance there is a risk of confusion and inconsistent compliance across the sector.

Finally, we raised concerns about the potential burden placed on the role of the "responsible person", particularly within smaller councils where these responsibilities may fall to the clerk. We argued that the Section 12 guidance should provide a much clearer and more detailed definition of the role to ensure expectations are proportionate and to avoid the risk of excessive personal liability. We warned that a lack of clarity could have unintended consequences for the recruitment and retention of clerks and council staff.

Our response concludes that while it strongly supports the aims of Martyn's Law, successful implementation will depend on clear, practical and proportionate guidance that reflects the realities faced by parish and town councils across England.