Explanatory note

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.