The Terrorism (Protection of Premises) (Principal Use of Premises) Regulations 2026

Published: Thu 10th Sept 26

Defined the criteria for determining the primary use of multi-purpose premises to clarify responsibilities under counter-terrorism protection laws.

These Regulations establish the legal criteria for identifying the "principal use" of a building or site that serves two or more purposes listed in Schedule 1 of the Terrorism (Protection of Premises) Act 2025.

The rules direct responsible persons to first evaluate the purpose and nature of the premises based on their physical design, continued use, and local authority treatment.

If a primary use remains unclear, the regulations mandate a secondary assessment of the time and space allocated to each activity.

These provisions apply to persons responsible for qualifying premises and events across England, Wales, Scotland, and Northern Ireland.

Arguments For

The regulations provide a structured framework for persons responsible for qualifying premises to determine which specific use category applies when a building serves multiple purposes.
Proponents may argue that clear criteria, such as physical characteristics and local authority classifications, reduce ambiguity for duty holders under the Terrorism (Protection of Premises) Act 2025.
The document states that the principal use should be determined by the use most closely related to the purpose and nature of the premises, ensuring the regulatory burden aligns with the building's primary function.
The explanatory note asserts that no significant impact on the private, voluntary, or public sectors is foreseen from these specific procedural rules.

Arguments Against

Legal scholars might question the subjectivity involved in determining which use relates "most closely" to the purpose and nature of a premises when several uses are prominent.
Duty holders may find the multi-stage determination process in regulation 2(3) complex, as it requires evaluating variables like the proportion of space and time allocated to different activities.
Some organizations might argue that the reliance on local authority classifications could lead to regional inconsistencies if different councils categorize similar multi-use sites differently.
The absence of a full impact assessment could be challenged if the administrative burden of performing these determinations proves more significant for complex venues than the Home Office anticipates.

—(1) These Regulations may be cited as the Terrorism (Protection of Premises) (Principal Use of Premises) Regulations 2026.

(2) These Regulations come into force on 15th October 2026.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

This section establishes the official title of the regulations and sets the date they become legally active as 15 October 2026.

It also specifies that the rules apply uniformly throughout all four nations of the United Kingdom.

—(1) When premises are used for two or more uses specified in Schedule 1 to the Terrorism (Protection of Premises) Act 2025 ('Schedule 1 use'), the Schedule 1 use which relates most closely to the purpose and nature of the premises is to be treated as the principal use of the premises for the purposes of section 4 of that Act (persons responsible for qualifying premises or events).

(2) The factors taken into account by any person determining the purpose and nature of the premises must include— (a) whether the premises were built or have been modified to be used for a particular Schedule 1 use; (b) whether the premises continue to be used for that use; (c) the physical characteristics of the premises; (d) whether the premises are treated by a local authority for the area in which the premises are situated as having, for any purpose, a particular Schedule 1 use.

(3) Where it is not possible to identify a principal Schedule 1 use under paragraphs (1) and (2), the principal use of the premises is to be determined in each case after consideration of all the relevant circumstances, including— (a) the factors specified in paragraph (2); (b) whether the whole of the premises, or only a part of the premises, is occupied for each use; (c) the proportion of the premises occupied for each Schedule 1 use; (d) the amount of time for which the premises are occupied for each Schedule 1 use, in any period which is considered to be relevant in the circumstances of the premises concerned; (e) whether any Schedule 1 use is carried on to support another Schedule 1 use.

(4) In this regulation, 'local authority' means— (a) in England and Wales, a local authority as defined by section 270 of the Local Government Act 1972( 2 ), a combined authority, a combined county authority, the Greater London Authority, the Common Council of the City of London, the Council of the Isles of Scilly, a National Park authority or the Broads Authority; (b) in Scotland, a local authority as defined by section 235 of the Local Government (Scotland) Act 1973( 3 ), or a National Park authority; (c) in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972( 4 ).

(5) In paragraph (4), 'National Park authority' means— (a) in relation to England and Wales, an authority established under section 63 of the Environment Act 1995( 5 ); (b) in relation to Scotland, an authority on which functions have been conferred by the National Parks (Scotland) Act 2000 in relation to an area designated as a National Park in an order made under section 7 of that Act( 6 ).

This section outlines the hierarchy of factors for determining the main use of a property that falls under multiple categories of the Act.

It directs responsible persons to first consider the building's design, current function, and how local government bodies classify it.

If the primary use is still unclear, the section requires an assessment of the floor space and time dedicated to each activity, as well as whether one use exists primarily to support another.

It concludes by providing specific legal definitions for 'local authority' and 'National Park authority' across the different jurisdictions of the UK.

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