Welsh Ministers have made the Criminal Justice and Immigration Act 2008 (Commencement No. 2) (Wales) Order 2025, bringing into force on 16 January 2026 the remaining provisions of sections 119 to 121 for Welsh NHS premises that are not already commenced. The official listing confirms commencement and scope for hospital settings in Wales.
Section 119 of the Criminal Justice and Immigration Act 2008 creates an offence where a person, without reasonable excuse, causes a nuisance or disturbance to an NHS staff member on NHS premises and then refuses, without reasonable excuse, to leave when asked by a constable or an NHS staff member. The offence is punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
Section 120 provides powers to remove a person reasonably suspected of committing the section 119 offence. A constable may remove the individual; 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.
Those NHS powers to remove are expressly limited. An authorised officer must not 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 the person’s physical or mental health.
Section 121 allows the Welsh Ministers to publish guidance on the use of removal powers and requires relevant Welsh NHS bodies and authorised officers to have regard to that guidance when exercising functions under, or connected with, section 120. Wales previously commenced the enabling guidance provisions on 11 April 2025; the new Order activates the remaining duty to have regard alongside the substantive powers.
Scope is tightly defined. “Welsh NHS premises” covers hospitals run by relevant Welsh NHS bodies, the hospital grounds and associated buildings or vehicles on those grounds; primary care and community locations fall outside this definition unless situated on hospital grounds. “NHS staff member” includes employees, contractors and volunteers working for the relevant NHS body.
Operationally, Local Health Boards and NHS trusts in Wales should designate authorised officers, establish clear delegation routes to appropriate NHS staff members, and prepare training, signage and record‑keeping consistent with forthcoming guidance from Welsh Ministers. Section 121 anticipates guidance on authorisation, training, use of force, procedures, public information and records.
Front‑line decisions will turn on the “reasonable excuse” test and on confirming an individual’s status. The Act clarifies that a person ceases to be on the premises for their own treatment once that care has been received, and that someone refused treatment in the previous eight hours is not regarded as present for that purpose.
Police attendance remains available at any stage, but the statutory NHS route provides an alternative where safe and lawful. Documenting decisions, including any health‑risk considerations that informed a choice not to remove, will support accountability if cases are later reviewed.
For context, England has applied the core offence provisions since 2009, while Wales began staged commencement on 11 April 2025 and will complete it on 16 January 2026 for hospital premises. This sequencing is evidenced in the Act’s commencement notes and the official listing for the Welsh Order.