Wales brings in NHS nuisance offence from 16 Jan 2026
“Ambulance crews are there to help people, but they can’t fight for someone’s life if they’re fighting for their own.” That warning from Welsh Ambulance Service chief Jason Killens still rings true across A&E doors in North Wales. Now Welsh Ministers have confirmed the legal backing to act, with new measures taking effect on Friday 16 January 2026.
The Criminal Justice and Immigration Act 2008 (Commencement No. 2) (Wales) Order 2025 brings into force remaining parts of sections 119–121 for Welsh NHS premises from 16 January 2026. In short: an offence for causing nuisance or disturbance to NHS staff, powers to remove people suspected of the offence, and statutory guidance duties.
Section 119 makes it an offence to cause a nuisance or disturbance to NHS staff on hospital sites, punishable by a level 3 fine (currently up to £1,000). Section 120 lets police or authorised NHS officers remove suspects, using reasonable force if needed, but not where someone needs care or removal would risk their health. Welsh NHS premises include hospital buildings, grounds and vehicles such as ambulances.
This step follows an earlier Welsh order in April which switched on the definitions and allowed Ministers to prepare guidance for NHS bodies and authorised officers. Under section 121, those bodies must have regard to the guidance when exercising removal powers; in Wales the “appropriate national authority” is the Welsh Ministers.
It comes amid stubborn levels of abuse against frontline teams. Official figures highlighted by the Welsh Ambulance Service show more than 3,000 assaults on emergency workers in the 12 months to June 2024, with Wrexham recording one of the highest rates per head in the first half of the year.
England has operated these provisions for years; key parts commenced there in 2009. A Senedd petition in 2021 complained that Wales had yet to enact the offence. The new order closes that gap and aligns practice across the border.
For border communities this matters. The Countess of Chester Hospital treats patients from Deeside and wider Flintshire, while Welsh residents regularly receive planned care in England. In 2024–25 there were around 64,300 admissions of Welsh residents to English hospitals and about 9,600 the other way. Teams on both sides say consistent rules help keep wards calm.
Hospital managers now have a short window to refresh training, signage and recording processes so staff know who is authorised to act and how to do it proportionately. The guidance under section 121 is expected to set out authorisation, training and record‑keeping standards that Welsh NHS bodies must take into account.
As South Wales Police’s Jeremy Vaughan put it last year, “Behind every uniform is a human being and they should not be treated as punchbags.” With winter pressures biting, North Wales leaders will watch closely to see if the new powers reduce call‑outs and delays on the ward door.