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The Criminal Justice and Immigration Act 2008 (Commencement No. 2) (Wales) Order 2025

W.S.I. 2025/1355 · Made 16 December 2025

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law, Wales

Made 16 December 2025

The Welsh Ministers, in exercise of the power conferred by section 153(5)(b) of the Criminal Justice and Immigration Act 2008f1, make the following Order.

Annotations to the whole text

Footnotes

f1

2008 c. 4.

Contents

  1. 1Title and interpretation
  2. 2Provisions coming into force on 16 January 2026
  3. Signature
  4. Explanatory note

1Title and interpretation

(1)

The title of this Order is the Criminal Justice and Immigration Act 2008 (Commencement No. 2) (Wales) Order 2025.

(2)

In this Order—

  • “the Act” (“y Deddf”) means the Criminal Justice and Immigration Act 2008;

  • “Welsh NHS premises” (“mangreoedd GIG Cymru”) has the meaning given in section 119(4) of the Act.

2Provisions coming into force on 16 January 2026

The following provisions of the Act, so far as they relate to Welsh NHS premises and are not already in force, come into force on 16 January 2026—

(a)

section 119 (offence of causing nuisance or disturbance on NHS premises);

(b)

section 120 (power to remove person causing nuisance or disturbance);

(c)

section 121 (guidance about the power to remove etc.).

Signature

Jeremy Miles

Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

16 December 2025

Explanatory note

(This note is not part of the Order)

This Order, made by Welsh Ministers, brings into force on 16 January 2026 specified provisions of the Criminal Justice and Immigration Act 2008 (c. 4) (“the Act”) so far as they relate to Welsh NHS premises and are not already in force.

Article 2 brings into force provisions which create an offence of causing nuisance or disturbance to an NHS staff member on Welsh NHS premises in certain circumstances. They also confer powers on a constable or an authorised member of Welsh NHS staff to remove a person reasonably suspected of committing the offence from the premises concerned. Subject to certain limitations, this includes using reasonable force to do so (if necessary). The provisions also place a duty on a relevant Welsh NHS body and authorised officers to have regard to any guidance published by the appropriate national authority when exercising relevant functions under, or in connection with, section 120 of the Act. The appropriate national authority in relation to a relevant Welsh NHS body and authorised officers in respect of Welsh NHS premises means the Welsh Ministers.