Is Martyn’s Law Mandatory? The Direct Answer
Direct question, direct answer: yes, if your premises is in scope.
This page covers why the Act is mandatory, what “in scope” actually means, and what happens if a premises doesn’t prepare.
Mandatory for Premises in Scope
A premises is in scope where both of these are true:
– The primary use is listed in Schedule 1 of the Act (places of worship, education, retail, hospitality, healthcare, entertainment, leisure, transport hubs, public service buildings).
– It’s reasonable to expect 200 or more individuals on site from time to time.
If both apply, the duties under the Act are mandatory. There is no voluntary or opt-in option. There is no exception for small organisations, charities, or volunteer-run premises, beyond the specific 800-individual treatment for places of worship (which stays in Standard Tier, but still has Standard Tier duties).
The Specific Duties
For in-scope premises, Standard Tier (200 to 799) carries these duties:
- Prepare four public protection procedures (evacuation, invacuation, lockdown, communications) specific to the premises.
- Train staff on the procedures.
- Exercise the procedures to test they work.
- Evidence the preparation, training, and exercising in a form the regulator can inspect.
Enhanced Tier (800+) adds public protection measures, a nominated Responsible Person, and a documented rationale.
Each of these is a legal duty. “Reasonably practicable” calibrates the depth of preparation to your premises and resource, but it doesn’t remove the duty itself.
What Happens If a Premises Doesn’t Prepare
From earliest enforcement in April 2027, the regulator has powers to:
- Inspect premises for compliance.
- Issue improvement notices where preparation is inadequate.
- Issue penalty notices for breaches.
- In serious or persistent cases, criminal penalties apply.
Before Enforcement Starts
Enforcement begins from April 2027. In the window between Royal Assent (April 2025) and enforcement, the duties under the Act still apply, but the regulator isn’t actively inspecting.
This doesn’t mean “mandatory only from 2027.” It means the mandatory duties are established now, with a 24-month runway to prepare before active enforcement.
For premises that aren’t prepared by April 2027, the enforcement risk begins at that date.
Who Isn’t in Scope
If your premises doesn’t meet both parts of the scope test (Schedule 1 primary use plus 200+ individuals from time to time), the Act doesn’t apply. There’s no duty, no preparation required, no enforcement risk.
The practical risk is assuming you’re not in scope when you are. The “Am I in Scope?” tool exists because the scope test catches more premises than most expect, particularly the 200-individual threshold with staff counted.
How “Reasonably Practicable” Affects This
“Reasonably practicable” is the standard the Act uses for how much you must do, not whether you must do it at all. A small village premises in scope still has to prepare the four procedures and train staff. The depth and sophistication of that preparation is calibrated to the premises. But the duty itself is mandatory.
Still Not Sure?
The fastest way to know is our free Am I in Scope? tool. A handful of questions, a clear answer, no account needed.
If you already know you’re in scope, Get Started with Prova Risk to prepare your public protection procedures, train your staff, and keep the evidence you’ll need if inspected. £399 per year per site.