Welsh Ministers have made the Criminal Justice and Immigration Act 2008 (Commencement No. 2) (Wales) Order 2025 on 16 December 2025. The Order brings into force on 16 January 2026 the remaining elements of sections 119 to 121 of the Criminal Justice and Immigration Act 2008 as they relate to Welsh NHS premises. In practice, this switches on the nuisance or disturbance offence and associated removal powers for hospital settings in Wales.
Section 119 creates an offence where a person, while on NHS premises, causes a nuisance or disturbance to an NHS staff member and, when asked by a constable or an NHS staff member to leave, refuses to do so without reasonable excuse. The provision only applies where the person is not there to obtain medical advice, treatment or care for themselves, or where they have been refused care within the previous eight hours.
The offence is punishable on summary conviction by a fine not exceeding level 3 on the standard scale. Level 3 is currently set at £1,000 in England and Wales.
Section 120 provides the power to remove a person reasonably suspected of committing, or having committed, the section 119 offence. A constable may remove the person. An authorised officer of a relevant Welsh NHS body may also remove the person or authorise an appropriate NHS staff member to do so, and reasonable force may be used if necessary.
Important safeguards apply. An authorised officer cannot remove a person, or authorise removal, if there is reason to believe the person requires medical advice, treatment or care, or if removal would endanger that person’s physical or mental health.
For Wales, “Welsh NHS premises” are defined in section 119(4) as hospitals vested in, or managed by, a relevant Welsh NHS body, together with hospital grounds and associated buildings, structures and vehicles (including air ambulances). The definition focuses the regime on hospital sites rather than standalone primary care premises.
Section 121 enables the publication of guidance on authorising officers, training, procedures prior to removal, proportional use of force, public awareness measures (such as signage) and record‑keeping. Relevant NHS bodies and authorised officers in Wales must have regard to guidance issued by the Welsh Ministers when exercising functions under, or in connection with, section 120.
This Order follows the Criminal Justice and Immigration Act 2008 (Commencement No. 1) (Wales) Order 2025, which from 11 April 2025 commenced section 119(4), section 120(5)–(6) and section 121(1)–(3), (5)–(6) for Welsh NHS premises to allow guidance preparation and local authorisation frameworks. Today’s step completes commencement for Wales by starting the offence and operational removal power.
Comparable provisions have operated in England since 2009, where section 119(1)–(3) and section 120(1)–(4) were commenced for English NHS premises. Wales’ timetable therefore brings hospital settings under a similar regime, adjusted for devolved responsibilities.
With less than a month before commencement, health boards and NHS trusts in Wales will need to ensure authorised officers are designated, staff trained, and procedures, signage and record‑keeping are aligned with any guidance issued by Welsh Ministers under section 121. The signatory to the Order is Jeremy Miles, Cabinet Secretary for Health and Social Care.