Part 1: Public Protection Requirements Introductory: sections 1 to 4 Section 2: Qualifying premises
This section defines qualifying premises, which are the premises to which the Act’s requirements apply.
	Premises are qualifying premises if (see subsection (2)):
the premises consist of a building or a combination of a building and land (for example, a pub and its beer garden). For these purposes a building also includes a part of a building (for example, a unit within a shopping centre) or a group of buildings (for example, a group of buildings that together form a university campus);
they are wholly or mainly used for one or more Schedule 1 uses (Schedule 1 recognises various types of uses, such as the sale of food and drink to members of the public for consumption on the premises);
it is reasonable to expect that from time to time 200 or more individuals may be present on the premises at the same time in connection with the Schedule 1 use or uses;
and the premises are not subject to any of the exemptions that are set out in Schedule 2.
	The term ‘wholly’ captures premises that are solely used for one or more Schedule 1 activities. The term ‘mainly’ captures premises which have more than one use, and at least one use is a use that is set out in Schedule 1. Whether premises are used mainly for one use or for another will be determined based on circumstances of each set of premises. The amount of time used for each will be a key factor; and if the premises are used for one or more Schedule 1 uses for a greater amount of time during the year compared to the amount of time that they are used in other ways, then the premises will very likely fall within scope.
	The requirement that the premises host 200 or more people from time to time includes premises that host 200 or more individuals only at certain times of the year, such as a shop that has a peak season in the run up to Christmas. It does not include premises that host 200 or more individuals for reasons other than in connection with the Schedule 1 use or uses (for example, if the premises are used to host an occasional private event).
	The Act recognises two types of qualifying premises: "enhanced duty premises" and "standard duty premises"; and imposes additional requirements in relation to the enhanced duty premises. Subsection (3) provides the meaning of those two terms. Enhanced duty premises are qualifying premises that can reasonably be expected to host 800 or more individuals; while for standard duty premises the number is between 200 and 799.
	Schedule 1 includes certain provisions that require some qualifying premises to be treated as a standard duty premises or enhanced duty premises regardless of the number of individuals that they might be expected to host (for example, paragraph 9(2) requires that all qualifying premises that are used as places of worship are standard duty premises).
	Qualifying premises can be within another qualifying premises, for example a shop in a shopping centre or a cinema in an entertainment complex. Subsection (5)(b) captures each qualifying part of the premises as well as the overarching premises. Subsection (5)(a) provides that where the same person is responsible for premises that are within other premises, they are to be treated as a single set of premises for the purposes of meeting the relevant requirements (for example, if the person responsible for a shopping centre is also responsible for an ice rink within it, the ice rink should be treated as forming part of the same premises as the centre).