Welsh Ministers have set a start date for the hospital‑site nuisance regime in Wales. The Criminal Justice and Immigration Act 2008 (Commencement No. 2) (Wales) Order 2025 (WSI 2025/1355), made on 16 December 2025, brings sections 119 to 121 into force for Welsh NHS premises from 16 January 2026. The change creates a specific criminal offence, activates police and authorised‑staff removal powers, and confirms duties to follow ministerial guidance issued for Wales.
The offence is narrowly defined. A person on NHS premises commits it only where they cause, without reasonable excuse, a nuisance or disturbance to an NHS staff member and, when asked by a constable or an NHS staff member to leave, refuse to do so. The offence does not apply to someone who is on the premises to obtain their own advice, treatment or care. It is a summary offence with a maximum penalty of a level 3 fine.
Key definitions are set out in the 2008 Act. “NHS staff member” covers employees and others working for the relevant body, including contractors and volunteers. A “relevant Welsh NHS body” means a Local Health Board or an NHS trust in Wales. These definitions determine both who may be protected by the offence and who may be authorised to exercise removal powers.
The scope of place is also specific. “Welsh NHS premises” means any hospital vested in, or managed by, a relevant Welsh NHS body, any associated building, structure or vehicle situated on the hospital grounds, and the grounds themselves. This captures entrances, waiting areas, car parks and facilities on hospital sites.
From 16 January 2026, constables and authorised NHS officers in Wales may remove a person reasonably suspected of committing the offence, using reasonable force if necessary. An authorised officer may either carry out a removal personally or authorise an appropriate NHS staff member to do so. Importantly, removal is prohibited 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.
Guidance is integral to use of these powers. Section 121 allows the Welsh Ministers to publish guidance covering authorisation of officers, training, the degree of force that may be appropriate, signage to inform the public, and record‑keeping. Relevant Welsh NHS bodies and authorised officers must have regard to any such guidance when exercising removal powers. Earlier this year, the Commencement No. 1 (Wales) Order 2025 brought into force the guidance‑enabling subsections to allow preparation and publication ahead of commencement of the offence and removal powers.
For NHS leaders, immediate actions include designating authorised officers across hospital sites, updating trust and health board incident policies, and arranging training aligned to ministerial guidance. Providers should ensure signage makes the offence and removal powers clear to visitors, and that incident recording systems capture the information guidance is expected to require. These steps will support consistent decision‑making and post‑incident review once the regime is live.
Safeguards within the Act frame operational boundaries. People present for their own care cannot commit the offence; however, a person ceases to be present for that purpose once their care has been provided, and a person who has been refused care within the previous eight hours is not considered to be on the premises for that purpose. These clarifications are intended to prevent inappropriate use of the offence against patients while enabling proportionate action where behaviour disrupts services.
England has operated the same provisions on hospital premises since 2009, following UK commencement orders made by the Ministry of Justice. Wales’ commencement aligns the legal position across NHS hospital sites while retaining Welsh‑specific guidance and authorisation arrangements.
From 16 January 2026, police and authorised NHS personnel in Wales will have a clear statutory route to manage disruptive behaviour on hospital sites, backed by a defined offence and a training‑led guidance framework. Compliance will turn on robust authorisation, proportionate use of force, and thorough records that demonstrate decisions were taken in line with Welsh Ministers’ guidance.