What Premises are Exempt from Martyn’s Law?

Martyn's Law excludes Parliament and devolved government buildings, open-air recreation grounds without entry controls, and transport sites already covered by existing security rules, as set out in the Home Office statutory guidance. Crown premises are exempt under a separate legal principle. Many other sites fall outside the Act because they expect fewer than 200 people at once or are not used for a listed purpose. Which route applies decides whether any duty exists.

Note: Reflects the Act and Home Office guidance (published April 2026, updated August 2026) as of 12 November 2026. The duties are not yet in force, and commencement has been signalled for spring 2027 with the exact date still to be set.

Premises Excluded Under Schedule 2 of the Act

Schedule 2 lists the formal exclusions. The guidance summarises them as follows:

• Legislatures and devolved administrations - Premises occupied for the Houses of Parliament, the Scottish Parliament and Scottish Administration, the Senedd and Welsh Government, and the Northern Ireland Assembly and its departments.
• Open-air recreation sites - Parks, gardens, recreation grounds, undesignated sports grounds and similar open-air places used for leisure are excluded. The exclusion lapses where the operator checks that visitors have paid, hold a ticket or pass, or belong to a club or association. Charging for individual facilities, such as pitch hire, leaves the exclusion in place when general access stays open.
• Regulated transport premises - Applicable airports, national rail and underground sites, international rail premises and port facilities are excluded where existing legislation already requires threat assessment and mitigation.
• Crown premises - An Act does not bind the Crown unless it says so, which makes government department premises exempt. Parts of government premises controlled by other parties can still fall in scope.

Each exclusion carries conditions, so the wording in Schedule 2 of the Act should be checked before concluding that a site qualifies.

Events at Excluded and Special-Case Venues

Events held at the legislature and transport premises above are excluded with the venue. Events at places of worship, childcare settings, primary and secondary schools and further education sites also cannot be qualifying events. The venue itself keeps its own duties, though. The guidance gives the example of a large synagogue hosting a 1,000-person concert: the concert is not a qualifying event, and the synagogue stays in the standard tier.

An exclusion for one venue type gives no cover elsewhere. A ticketed event of 800 or more people at any other site can still qualify.

Premises Outside the Act's Scope Without Being Formally Exempt

Many sites carry no duty because they fail one of the qualifying criteria. This is out of scope, which differs from being exempt. The common situations are:

1. Fewer than 200 people at once - Premises reasonably expecting 199 or fewer people, staff included, fall outside the Act.
2. No listed use - Premises must be used wholly or mainly for a Schedule 1 purpose such as retail, hospitality, leisure, health care or education. A factory is not listed, although a shop attached to it can be assessed as a separate part of the building.
3. No building - Premises need a building. The guidance describes a ruined abbey in open air as outside the Act, though the same example shows it coming into scope once a café or toilet block is added.
4. Private access only - Weddings and invitation-only corporate gatherings are not publicly accessible, so they cannot be qualifying events.
5. No entry check, or timed entry - A qualifying event needs entry checks such as tickets or passes and 800 or more people present at once. Timed entry that keeps the simultaneous figure below 800 keeps an event out of scope.

Each conclusion rests on a reasonable expectation of attendance and use at a given moment.

Premises That Look Exempt but Remain Covered

Some sites are commonly assumed to be exempt even though the Act applies to them:

• Schools, childcare, further education and places of worship - These sit in the standard tier once they expect 200 or more people, even when numbers pass 800. Higher education premises can reach the enhanced tier, and the difference between standard and enhanced tier premises shapes which duties follow.
• Private members' clubs - Paid or member-only access does not stop a site from counting as publicly accessible.
• Small units inside larger premises - A shop in a shopping centre is assessed on its own numbers, and the centre operator is assessed separately on the whole building.
• Mixed-use sites - Where a site has several Schedule 1 uses, the principal use determines who carries responsibility under the Act.

When Exempt or Out-of-Scope Status Can Change

The 200-person test asks whether that number can reasonably be expected from time to time, which the guidance treats as occasionally. A clothing shop in the guidance averaged well under 200 people, yet Black Friday and January sales repeatedly filled it to capacity. Those peaks were foreseeable, so it fell into the standard tier.

Unexpected surges are treated differently from patterns. A village hall that has never exceeded 150 people stays out of scope when a locally famous band books one 250-person concert nobody expected to repeat. If further concerts follow, the hall comes into scope. Seasonal sales, bank holiday surges and recurring bookings all count as planned peaks.

Other developments can shift status too:

• Events at otherwise out-of-scope sites - A private warehouse or country estate can come into scope for the duration of a qualifying event.
• Evidence requests - The SIA can ask a responsible person to show how they carried out an attendance assessment.
• Changes to the exclusion list - The Act's Explanatory Notes describe powers to amend Schedule 2.
• Commencement - The guidance sets an implementation period of at least 24 months from Royal Assent on 3 April 2025. Confirm the latest date before relying on it.

A mistaken scope call carries consequences, since the SIA can issue penalties for non-compliance once the duties apply.

Documenting a Scope Assessment

A dated, written assessment gives you something to point to if circumstances or questions change. A sound process includes:

1. Record the method - Note the attendance method and underlying data, adding staff numbers where the method leaves them out.
2. Check the use - Compare the building against the Schedule 1 list and note the principal use.
3. Read the exclusions - Test each Schedule 2 exclusion against its actual wording and conditions.
4. Set review triggers - Choose a review date, with earlier reviews for an extension, a change of use, a new recurring event or a seasonal peak.
5. Keep the evidence - Store ticketing data, fire safety occupancy figures and event calendars alongside the assessment.
6. Get legal advice - Take qualified advice where the answer is borderline.

The Home Office scope factsheet for premises supports this assessment.

Confirming Your Status Before Relying on an Exemption

Premises fall into three groups: formally excluded, out of scope for now, and covered. Status can change as attendance, events, and building use change, so a recorded, evidence-backed assessment is the most reliable protection. Check Schedule 2 and the Home Office guidance, and watch the SIA's published material as it develops.

Disclaimer: This article gives general information and does not constitute legal advice. Scope depends on the facts of each premises or event, the law and guidance may change before commencement, and the SIA enforces the Act. Anyone relying on an exemption should check the current legislation and guidance and take qualified legal advice for their own circumstances.

Expert FAQ

What premises are exempt from Martyn's Law?
Legislatures and devolved governments, open-access recreation grounds, certain regulated transport sites and Crown premises are excluded or exempt.

How many people make a premises fall outside Martyn's Law?
Premises that reasonably expect 199 or fewer people at once, including staff, fall outside the Act.

Why are schools and places of worship not exempt?
They are in scope and always standard tier once they expect 200 or more people, regardless of larger numbers.

What happens if an exempt premises later regularly exceeds 200 people?
Premises expecting 200 or more people from time to time come into scope, so assessments need regular review.

How can a business confirm whether it is exempt?
Check Schedule 2 on legislation.gov.uk, follow the Home Office statutory guidance decision tree, and seek legal advice.