Wales has confirmed a go‑live date for tougher rules on behaviour in hospitals. From 16 January 2026, causing a “nuisance or disturbance” on Welsh NHS premises becomes a criminal offence, under a Commencement Order made by Welsh Ministers. The order also activates related enforcement powers on the same day.

The offence, set out in section 119 of the Criminal Justice and Immigration Act 2008, covers people who, while on NHS premises, cause a nuisance or disturbance to a staff member and then refuse to leave when asked by a constable or NHS staff member-provided they are not there for their own treatment. It carries a maximum penalty of a level 3 fine.

A level 3 fine in England and Wales is currently up to £1,000. That figure is defined on the standard scale used for summary offences.

Section 120 provides the practical teeth: a constable or an authorised NHS officer can remove a person reasonably suspected of committing the offence, and reasonable force may be used if needed. There are safeguards-removal cannot be used if the person requires medical care or if doing so would endanger their health.

Guidance matters here. Section 121 places a duty on relevant Welsh NHS bodies and authorised officers to have regard to guidance issued by Welsh Ministers when exercising removal powers. Earlier this year Wales brought forward parts of section 121 precisely to allow that guidance to be prepared. Expect updated protocols before January.

For readers along the border this also closes a long‑standing gap. England completed commencement of the same offence and powers for English NHS premises back in 2009, so from mid‑January Welsh sites will work to a similar legal footing.

On the ground, this is about keeping wards, clinics and waiting rooms workable. In North Wales-think Wrexham Maelor, Glan Clwyd and Ysbyty Gwynedd-managers will be able to designate “authorised officers”, update site rules and brief frontline teams so they know when to ask someone to leave and when to call a constable. The offence targets people who are not seeking care themselves; violent assaults remain separate crimes.

Safety concerns remain a live issue across health services. Welsh emergency services reported more than 3,000 assaults in the 12 months to June 2024-a 9% rise-while NHS England’s staff survey found roughly one in seven staff experienced physical violence in 2024. The new Welsh offence doesn’t cover every scenario, but it gives hospitals a clearer route to remove disruptive individuals before situations escalate.

What should trusts and health boards do now? Pin down who will act as authorised officers; refresh incident recording, signage and body‑worn video policies; and rehearse joint arrangements with local police so removals are handled consistently. The key date is 16 January 2026-Wales switches on the offence and removal powers then, with guidance to follow from Welsh Ministers.