1

This Act may be cited as the Malvern Hills Act 1884.

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2

The following words and expressions shall in this Act have the meanings herein-after expressed (that is to say):-

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"The Conservators" means the Conservators appointed for the purpose of this Act.

Amend.

"Vestry" means the ratepayers of a parish meeting in vestry according to law.

Obsolete – this definition related to provisions regarding the appointment of Conservators in sections 29 and 31 MHA 1884.

“Person” includes a corporation.

Obsolete - dealt with the Interpretation Act 1978.

“Ratepayers” includes all persons who under the provisions of the Poor Rate Assessment and Collection Act 1869 are deemed to be duly rated.

Obsolete – refers to repealed legislation. Substantive provisions dealt with in levying power (clause 85).

"The lands subject to this Act" means the lands described in the First Schedule to this Act and shown on the deposited map so far as the same are thereon coloured green and brown together with any lands hereafter made subject to this Act under the provisions herein-after contained.

"The Land Commissioners" means the Land Commissioners for England.

Proposed to remove – see consultation document

"The King's third" means the land set out and divided from the other two-thirds as aforesaid to be held by His Majesty King Charles the First.

3

And whereas a map has been prepared for the purposes of this Act and signed by Sir Arthur Otway Baronet the Chairman of the Committee of the House of Commons to whom the Bill for this Act was referred and deposited in the Private Bill Office of the House of Commons and such map is in this Act referred to as the deposited map Therefore within one month after the passing of this Act copies of the deposited map shall be deposited for public inspection with the respective clerks of the peace for the counties of Worcester and Hereford and the Act of the session of the seventh year of King William the Fourth and the first year of Her Majesty (chap. 83) "To compel Clerks of the Peace and "other persons to take the custody of such documents as shall “be directed to be deposited with them under the Standing Orders “of either House of Parliament" shall so far as applicable apply to the said deposited map and extracts from or copies thereof.

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4

The provisions of the Commissioners Clauses Act 1847 with such exceptions and alterations as are specified in the Second Schedule hereto shall be incorporated with this Act and shall apply to the Conservators herein-after appointed as if they were a body of commissioners within the meaning of the said Act.

Proposed to remove. See consultation document

5, 6, 7 and s 8 repealed by s6 of 1924 Act

9

The Conservators may on their own behalf or on behalf of any freeholder or tenant of any manor or other person entitled to any rights of common or other commonable rights exerciseable upon or in any of the lands subject to this Act take any such proceedings and do any such things for or in the protection or defence of any of the said rights or for preventing or remedying any enclosure or encroachment as any person entitled to the said rights would be capable of taking and doing and for that purpose the Conservators shall be deemed to have and be entitled to all rights of common of pasture and estovers and other commonable rights upon the lands subject to this Act.

Update. See consultation document

10

From and ever after the passing of this Act no enclosure shall be made or building erected on the lands subject to this Act and subject to the provisions of this Act the Conservators may at all times take all necessary measures to keep the said lands as open spaces free from enclosure and building to maintain all existing rights of common and commonable rights on and over the same and to prevent any unlawful digging stone cutting turf cutting or other injury to the said lands or the growth or produce thereof and to regulate the user and enjoyment of any rights of common or commonable rights in accordance so far as may be with the ancient customs of the forest of Malvern or other customs under which such rights are enjoyed (Power to make byelaws repealed by s10 1930 Act)and the Conservators may make and enforce byelaws for any of the purposes aforesaid. And (without prejudice to all other jurisdictions and remedies) any court of summary jurisdiction shall have power to require any person to abstain from enclosing or building upon any part of the lands subject to this Act not now enclosed or built upon and from suffering any new enclosure or building to continue or from committing any such injury as aforesaid.

Provided that any proceedings under the powers of this section with reference to any such new enclosure or building shall be commenced before the expiration of six years from the making of such new enclosure or the erection of such new building.

Update. See consultation document

11

The Conservators may also exercise the powers conferred upon them by the two preceding sections over and with respect to all other (if any) lands in any of the parishes referred to in the said First Schedule which formerly formed part of the forest or chase of Malvern and which are subject to common or commonable rights exclusive of any lands which formerly formed part of the King’s third.

Delete. See consultation document

12

The Conservators may upon any part of the lands described in the Third Schedule to this Act and coloured upon the deposited map dark green and brown take all necessary measures to prevent nuisances and preserve order and may make and enforce byelaws for that purpose and they may from time to time plant protect maintain and manage trees and shrubs which trees and shrubs shall not be subject to estovers or commonable rights and make and maintain paths and roads provided that the expenses of planting such trees and shrubs and of making such paths and roads be defrayed by voluntary contributions and not otherwise. The powers of this section may from time to time be exercised by the Conservators upon and with respect to any other lands which may have been made subject to this Act under the provisions in that behalf herein-after contained.

Update. See consultation document

13

The lands described in the Third Schedule to this Act which are distinguished on the deposited map by the colours green and brown shall from and after the passing of this Act be and remain under the management and control of the Conservators for the use and recreation of the public subject to any subsisting rights of common or commonable rights over or affecting the same and also subject to and in accordance with the reservations and conditions in this Act set forth.

There shall be reserved respectively to the several lords of the manor or owners of the soil of lands described in the said Third Schedule and their respective successors in title such estate and interest in the soil of the said lands as is now vested in them but (save as herein-after mentioned and save as to any of the said lands which shall be taken compulsorily under any statutory power for that purpose) without any of the rights or powers incidental to the ownership thereof and there shall also be reserved to them such rights as now belong to them of digging and getting by open quarrying or otherwise any stone mines or other minerals lying within or under the said lands (except so much as is described in the second part of the said schedule and is coloured brown on the deposited map) and of carrying away selling and disposing of such stone or other minerals for their own benefit causing as little injury as possible to the surface of the said lands in the exercise of the said reserved rights and keeping all open pits shafts and quarries securely fenced where necessary for the protection of the public but not being liable otherwise to make any compensation or other payment in respect of such workings or any damage resulting therefrom.

See consultation document

There shall also be reserved to the said respective lords of the manor and owners and their successors in title respectively all such rights as the said lords and owners or any of them now have to springs of water naturally flowing or arising from the surface of any of the said lands forming part of the King's third and all such powers as they or any of them now respectively have for the enjoyment thereof.

See consultation document.

There shall also be reserved in the lines marked on the said deposited map A B and C D a right of way twelve feet wide to the owner or owners of the soil thereof and their successors in title.

Obsolete (land now owned by MHT)

14

Any pecuniary penalty claimed to be due under any byelaw made in pursuance of this Act shall be deemed to be a civil debt for the purposes of the Summary Jurisdiction Act 1879 – Repealed by s13(3) of the 1909 Act

15

No surveyor of highways or highway board or turnpike trustees shall search for dig or carry away gravel sand stone or other material in or from any part of the lands subject to this Act without an order (fourteen days notice in writing of the intention to apply for which shall have been left at the office of the Conservators) made by justices of the peace in petty sessions for the petty sessional division where the material is situate who may if they think fit refuse such an order or may in their order prescribe such conditions as to the mode of working and restoration of the surface as they shall think fit and the Conservators may if they think fit be heard upon any application for any such order.

Proposed to be deleted. See consultation document

16

All parts of the lands subject to this Act shall be deemed to be public places and places of public resort within the meaning of the statute of the fifth year of His Majesty King George the Fourth chapter 83 and the Acts amending the same and the statute of the 35th and 36th years of Her Majesty the Queen chapter 94 respectively.

17

The Conservators may if they deem it necessary from time to time appoint a keeper or keepers for the purpose of enforcing byelaws and regulations to be made by them under this Act and the provisions of sections 5 6 7 and 8 of the Parks Regulation Act 1872 shall apply with regard to such keepers and to police constables upon the lands subject to this Act as if such lands were a park and such keepers were park keepers within the meaning of the said Act.

Proposed to delete but include some of the powers referred to. See consultation document

18

Repealed Schedule 3 MHA 1995

19

Save as herein otherwise provided the expenses of the Conservators shall be paid by them out of any moneys in their hands and they may raise any moneys required for meeting such expenses in manner following and they may raise such moneys either before or after they shall have actually become liable to the said expenses. They shall apportion the amount so required among the several parishes of Great Malvern Malvern Link Malvern Wells West Malvern and Guarlford in the county of Worcester and Colwall and Mathon in the county of Hereford Colwall Mathon and Great Malvern and may raise the same by their precept to be served on the overseers of each such parish requiring them to pay the amount specified in such precept to the treasurer clerk or other officer of the Conservators and the overseers of the said parishes of Colwall Mathon and Great Malvern shall pay the same out of the poor rate of such parishes. The receipt of the officer or officers of the Conservators named in such precept shall be a good discharge for the amount so paid. Provided always that the sum required by any such precept in any one year shall not exceed the amount which would be produced by a rate of one penny halfpenny in the pound and provided also that any voluntary contributions or subscriptions to be paid to the Conservators may be applied at the desire of the donors in reduction of the amount required by any such precept to be paid by the overseers of any such parish.

20 (1)

In order to preserve as open spaces free from enclosure and building the waste lands of the manor or parish of Great Malvern in the county of Worcester the Conservators may take all necessary measures to prevent or remedy any enclosure or encroachment thereon and to preserve and keep the same waste lands free from enclosure and building and (without prejudice to all other jurisdictions and remedies) any court of summary jurisdiction shall have power to require any person to abate or remove or abstain from making or erecting any enclosure or building upon any part of the said waste lands. Provided that no proceeding of the Conservators whether under this Act or otherwise for preventing remedying or abating any enclosure or encroachment on the said waste lands shall be made or taken by the Conservators concerning any such enclosure or encroachment which shall have been made more than 12 years before the passing of this Act.

Delete as a general reference –the land is now in the ownership or under the jurisdiction of the Trust and the Trust would be able to take action under its powers to regulate its own land.

(2)

The Conservators may pay all expenses incurred by them under this section out of any moneys in their hands.

Update.

(3)

Except as expressly provided in this and the preceding section of this Act nothing in this Act and no byelaw or power of the Conservators under this Act shall apply to or affect any lands tenements or hereditaments of the Honourable Emily Foley commonly called the Lady Emily Foley or of her successors in title in the manor or parish of Great Malvern aforesaid or any estate interest or property within the said manor or parish of the said Lady Emily Foley or of her successors in title or of her or their lessees tenants or grantees or of any person or persons claiming through or under her or them respectively.

Believed to be obsolete – See consultation document.

(4)

The said Lady Emily Foley or her successors in title may at any time consent that any of her or their lands tenements or hereditaments in the manor or parish of Great Malvern shall either in perpetuity or for a limited time become subject to the other provisions of this Act and of any byelaws of the Conservators under this Act.

As above.

21

Whereas Stephen Ballard of Colwall in the county of Hereford has enclosed a piece of land in the parish of Colwall numbered 959 and 960 both on the tithe commutation map of the said parish and on the deposited map through which is made a new footpath marked on the deposited map by the letters E F and it is proposed that a new carriage drive shall be made from the Wyche along the whole line of the said footpath as marked on the deposited map:

Believed to be obsolete – See consultation document.

And whereas it is desirable that in consideration of the title of the said Stephen Ballard to the land so enclosed not being disputed provision should be made as herein-after set forth: Therefore the said Stephen Ballard his heirs or assigns shall if required at the expiration of five years from the passing of this Act remove that portion of the fence of the said enclosed piece of land which is on the east side of the aforesaid footpath and shall leave open and unenclosed and allow the public to use for pleasure and recreation that portion of the said enclosed piece of land which lies on the east side of the said footpath retaining (subject to such use) the management of the same: Provided that one month's notice in writing under their common seal shall be given by the Conservators to the said Stephen Ballard his heirs or assigns if the removal of such fence be required by them. The said Stephen Ballard his heirs or assigns shall if requested by the Conservators at his or their own cost make those portions of the proposed new carriage drive which pass through the said enclosed piece of land and the cottage garden of the said Stephen Ballard (which is also marked on the deposited map) and shall give without charge the land necessary for those portions of the said proposed carriage drive: Provided that the said Stephen Ballard shall not be called upon to commence the portions of the said drive to be made by him until the Conservators are prepared to construct the remainder thereof.

as above.

No trees buildings or erections which shall obstruct or interfere with the view of the distant country from the said carriage drive shall at any time after notice in writing has been given as aforesaid be placed or maintained upon any part of the said enclosed piece of land lying to the west of the said footpath nor shall any fence of any greater height than four feet be placed or permitted on the west side of the said carriage drive. And if any such tree building or erection be placed or permitted on that part of the said enclosure lying on the west side of the said footpath or if any fence of a greater height than four feet be erected or permitted on the west side of the said drive it shall be lawful for the Conservators to enter upon the said land and remove the same.

Believed to be obsolete – See consultation document.

In case the said Stephen Ballard make at the request of the Conservators the portions of the said carriage drive through the said enclosed piece of land and garden and the Conservators neglect or fail to make and complete the remainder of the carriage drive within five years from the date of such request then the Conservators shall pay to the said Stephen Ballard the amount that he may have expended on his portions of the said carriage drive.

as above.

The Conservators shall not dispute the title of the said Stephen Ballard to the said piece of land so enclosed by him.

as above.

22

The pieces of land in the parish of Ledbury in the county of Hereford which are numbered on the tithe commutation map of that parish and on the deposited map 310 312 and 313 to the receipt of the rents and profits of which the Honourable Isabella Caroline Somerset commonly called Lady Henry Somerset is or is reputed to be beneficially entitled at the passing of this Act and which lands also form part of what is commonly known as the range of Malvern Hills shall so long as Lady Henry Somerset shall be beneficially entitled to the receipt of the rents and profits thereof be deemed to form part of the lands subject to this Act in the same manner and to the same extent as if the same were coloured light green on the deposited map and described in the First Schedule to this Act provided that nothing in this Act contained shall (unless by virtue of an agreement under the subsequent provisions of this Act or otherwise) in any way affect any right title estate or interest to in over or affecting the said pieces of land or any part thereof other than the estate of the Lady Henry Somerset therein.

Obsolete – the rights which were preserved appear to have been personal to Lady Henry Somerset so no longer survive.

And provided that nothing in this Act contained shall prejudice or affect any right of the said Lady Henry Somerset to open or work any quarries gravel pits or other mines or minerals in under or upon the said lands or any part thereof or to make and do all things needful for such working or to cut and carry away any timber or other trees pollards or saplings growing thereupon or to exercise any rights of sporting or pasture on or over the same. All which rights may notwithstanding this Act be exercised and enjoyed by the said Lady Henry Somerset in all respects as they might have been if this Act had not been passed.

Obsolete - as above.

23

And whereas parts of the land described in the Third Schedule to this Act which are under the provisions of this Act to remain open for the use and recreation of the public are or are reputed to belong to Benjamin Bright and it is reasonable that in consideration of his not objecting to the said provisions of this Act in relation to the said lands other provisions should be made as herein-after set forth: Be it therefore enacted that the Conservators shall not dispute the title of the said Benjamin Bright to enclose the following parts of the said lands viz.:-

Obsolete – this provision recorded an agreement with Benjamin Bright not to dispute his title in relation to certain land. This agreement seems to have been personal to Benjamin Bright.

(a)

So much of the lands in the parish of Hanley Castle in the county of Worcester numbered in the said schedule 215 and 216 within the distance of 200 feet from the high road bounding the said lands on the east as is shown on the deposited map situate between the said road and the dotted red line.

Obsolete - as above.

(b)

So much of the land in the parish of Colwall in the county of Hereford numbered in the said schedule 962 within the distance of 150 feet from the high road between the Wyche and the Wind's Point bounding the said land on the west as is shown on the deposited map situate between the said road and the dotted red line.

Obsolete - as above.

24

The Consolidated Bank Annuities and other moneys mentioned or referred to in the Fourth Schedule to this Act together with all other sums of stock or money (if any) held by the persons therein mentioned or any one or more of them in trust for the person or persons entitled to rights of common over any lands situate within the ambit of Malvern Chase shall on the requisition of the Conservators in writing be transferred and paid to them as soon as conveniently may be after the passing of this Act and shall be applied by them as moneys in their hands. And this Act and such requisition shall be a sufficient authority and discharge for such transfer and payment both to the banks and the persons in the said Fourth Schedule mentioned and shall release and discharge the said persons from any trusts to which the said sums or any of them were subject at the passing of this Act and from any future liability in respect thereof.

Obsolete – this transfer has been effected.

25

Before any new quarry is opened on any part of the lands subject to this Act notice in writing thereof and a plan showing the intended position of such new quarry shall be served upon the Conservators and every such new quarry shall be so placed as to cause as little injury and disfigurement to the hills as reasonably practicable and shall be fenced for the protection of the public to the reasonable satisfaction of the Conservators. But the provisions of this section shall not apply to any lands belonging at the passing of this Act to John Vincent Hornyold and Thomas Charles Gandolfi Hornyold.

Proposed to be updated - see consultation document.

26

Nothing in this Act shall prejudice or affect any rights of any lord of any manor on or over any of the lands subject to this Act other than the lands defined in the Third Schedule to this Act except that any such lord of the manor on the one hand and the Conservators on the other hand may from time to time with the approval of the Land Commissioners enter into and carry into effect any agreement for making lands subject to the provisions or any of the provisions of this Act.

Proposed to be updated – see consultation document.

27

Nothing in this Act shall be deemed or construed to take away prejudice or affect any right of common or commonable or other right which may at the date of the passing of this Act be exerciseable by any person or persons over or in respect of the lands subject to this Act or any other open or waste land within the ancient limits of the said forest or chase of Malvern.

Proposed to be updated – see consultation document.

28

Nothing in this Act shall enable the Conservators to take any proceedings for preventing remedying or abating any enclosure or encroachment which shall have been made at any time more than twelve years before the passing of this Act but the Conservators may if they think fit enter into and carry into effect any agreement with any person or persons who may have made any enclosure or encroachment upon any of the lands subject to this Act for enabling any such person or persons to remain in possession of the whole or any of the lands so enclosed or encroached upon subject to such terms and conditions as may be agreed between the Conservators and such person or persons.

Obsolete – it would now be very difficult to establish whether any potential enclosure encroachment took place before or after the 12 year time limit.

29

For the purpose of preserving unenclosed and free from building any lands within nine miles of Great Malvern Abbey (in addition to those coloured on the deposited map) which the Conservators may regard as proper to be so preserved as part of or in connexion with the range of Malvern Hills or for the purpose of maintaining any common or commonable rights which may subsist over or affecting such lands or any of them the Conservators may either:

Proposed to be updated – see consultation document.

(a)

Acquire by purchase or grant (whether absolutely or subject to conditions) any of such lands subject to all common or commonable rights (if any) subsisting over or affecting the same or any estate or interest therein with or without the minerals thereunder and the timber thereon or any rights privileges or easements over the same.

As above.

(b)

Enter into an agreement or agreements with any person or persons for making any of such lands subject to this Act or to any of the provisions thereof.

As above.

The Conservators by order under their seal may at any time and from time to time if they shall think fit declare that any person who shall have made any voluntary grant of such lands which shall have been accepted by the Conservators shall thereafter have for him and his heirs or successors in title to the estate of which such lands shall previously have formed part or for his life or for any term of years the right of appointing a person to be a conservator for the purpose of this Act but so that the Conservators appointed by meetings under this Act shall always form at least two- thirds of the total number of Conservators for the time being and for enabling any such order as aforesaid to be made having regard to the proviso lastly herein contained the Conservators may if they think fit at any time and from time to time by order under their common seal vary either permanently or for any period that they shall think fit the number of Conservators to be appointed by any vestries or vestry under this Act. Provided that no such order shall have any force or effect until it shall have been approved by the Land Commissioners under their common seal after such previous notice by advertisement or otherwise as they may prescribe for securing due publicity and after receiving any objections made in writing thereto.

Delete.

30

Any sale or grant of lands and any agreement for subjecting lands to the provisions of this Act may be made by any corporation aggregate or sole or by any person or persons for the time being seised in fee tail or for life of and in or equitably entitled in possession for life or for any greater interest to such lands or by the guardians or committee of any infant or lunatic seised or entitled as aforesaid on behalf of such infant or lunatic and where any such person shall be a married woman or the husband of a married woman in her right such sale grant or agreement may be made by such married woman and her husband without any deed or acknowledgment being required and every sale grant or agreement given or made as aforesaid shall be binding upon the person or persons making the same and upon such infant or lunatic and upon all persons claiming any estate or interest in reversion or remainder expectant upon the estate or interest of such person or persons infant or lunatic or through under or in trust for such person or persons infant or lunatic: Provided always that no such sale grant or agreement made by or on behalf of any person seised or entitled only for life of and in any manor lands or hereditaments shall have effect as aforesaid unless the person or persons for the time being next entitled in remainder to the beneficial enjoyment of the same manor lands or hereditaments on the determination of such life estate or interest if there be any such person in existence and legally competent shall agree thereto.

Delete – superseded by modern property law.

31

Any common or waste lands within the said distance of nine miles from Great Malvern Abbey may be at any time and from time to time made subject to all or any of the provisions of this Act by agreement between the Conservators and the lord of the manor of which such lands form part: Provided that no such agreement shall be of force until allowed by the Land Commissioners under their seal, and upon allowing any such agreement it shall be lawful for the Land Commissioners if they shall think fit by order under their seal to vary the number of Conservators under this Act and the mode of their election and to provide for making the poor rate of any other parishes lands wherein shall become subject to this Act liable to contribute to the expenses of carrying out this Act in such manner and to such extent as the Land Commissioners shall think fit: Provided that the vestry of any parish subject to such liability shall be entitled to appoint or share in the appointment of one or more Conservators in such manner as the Land Commissioners shall determine.

The first part of this clause to be updated.

The second part has been deleted – removing the requirement to obtain approval from the Land Commissioners, and the power of the Land Commissioners to vary the number of Conservators (now Trustees), and power to apply the precept to such parishes made subject to the MHA 1884 by virtue of this provision (with the accompanying right to appoint one or more Conservators).

32

Any order or agreement approved or allowed by the Land Commissioners under this Act shall be published in such manner as the Land Commissioners shall direct.

Delete as above.

33

Except as expressly provided by this Act or by any byelaw made under the powers thereof nothing in this Act shall be deemed or construed to restrict any liberty or privilege which the public have hitherto exercised or enjoyed over or upon the lands subject to this Act or any of them or to interfere with any public or common rights in or upon any open or waste land within the ancient limits of the forest or chase of Malvern.

Update

34

Nothing contained in this Act or to be done under the authority thereof shall in any manner affect the title to any of the subjects or any rights powers or authorities reserved by certain Letters Patent of the 12th day of May in the 7th year of the reign of His late Majesty King Charles the First belonging to or exercise-able on behalf of Her Majesty Her heirs or successors.

Update.

35

With respect to any lands hereafter added to the lands described in the First Schedule hereto this Act shall take effect as from the time of such lands being so added respectively.

To be dealt with in definition of “Malvern Hills”.

36

The costs charges and expenses preliminary to and of and incidental to the preparing applying for obtaining and passing of this Act shall be paid by the Conservators out of any moneys in their hands.

Obsolete.

FIRST SCHEDULE

Description of the Lands subject to this Act

1

Lands in the parish of Great Malvern in the county of Worcester numbered on the tithe commutation map of that parish as follows :Part of 1 viz. so much as lies to the east of a piece of land numbered 1,692 on the tithe commutation map for the parish of Cradley 2 3 4 279 1,096 and 1,097.

.

2

Lands in the parish of Mathon in the county of Worcester numbered on the tithe commutation map of that parish 886 946 956 957 958 959 960.

3

Lands in the parish of Hanley Castle in the county of Worcester numbered on the enclosure map of that parish 215 and 216.

4

Lands in the parish of Cradley in the county of Hereford numbered on the tithe commutation map of that parish 1,691 and 1,692.

5

Lands in the parish of Colwall in the county of Hereford numbered on the tithe commutation map of that parish 953 954 955 956 957 958 959 960 961 962 963 964 and 965.

THE SECOND SCHEDULE

Exceptions:

To be deleted – references to Commissioners Clauses Act 1884.

Sections 12 to 35 inclusive 53, 54, 96, 97, 98 and 104.

Alterations:

In section 36 the day for the first meeting of the Conservators shall be the 1st of December next after the passing of this Act, and the place and hour shall be appointed by any three of the first Conservators by writing under their hands.

In section 40 the annual meeting of the Conservators shall be held on a day to be from time to time appointed by byelaw of the Conservators; and it shall not be necessary for them to hold monthly meetings, but they shall hold a meeting at least once in every three months.

THE THIRD SCHEDULE

First Part.

Lands in the parish of Great Malvern, in the county of Worcester, numbered on the tithe commutation map of that parish as follows :- Part of 1 (viz., so much as lies to the east of a piece of land numbered 1,692 on the tithe commutation map for the parish of Cradley) 2, 3, and part of 279, viz., so much as adjoins towards the west a piece of land numbered 959 on the tithe commutation map for the parish of Mathon, and is bounded on the north-east and south by other parts of the said piece of land numbered 279.

Lands in the parish of Mathon, in the county of Worcester, numbered on the tithe commutation map of that parish 886, 946, 956, 957, 958, 959, and 960.

Lands in the parish of Cradley, in the county of Hereford, numbered on the tithe commutation map of that parish 1,692.

Lands in the parish of Colwall, in the county of Hereford, numbered on the tithe commutation map of that parish as follows: 955, 956, 957, 958, 961, 962, 963, and 964.

Lands in the parish of Hanley Castle, in the county of Worcester, numbered 215 and 216 on the enclosure map of that parish.

(Lands not to be quarried.)

The part of the lands numbered 279 on the tithe commutation map of the parish of Great Malvern, which is described in the first part of this schedule. Part of the above-mentioned land numbered 3 on the tithe commutation map of the parish of Great Malvern, on the south eastern side thereof, and part of the above mentioned land numbered 959 on the tithe commutation map of the parish of Mathon, on the eastern side thereof, which parts are distinguished on the deposited map by the colour brown

.

THE FOURTH SCHEDULE

SCHEDULE OF STOCK AND FUNDS TRANSFERRED TO THE CONSERVATORS

1

1,165l. 3s Three per cent. Consolidated Bank Annuities standing in the books of the Bank of England to the account of William Corner West physician John Archer gentleman John Bullock gentleman and George Hicks gentleman all of Malvern Worcestershire.

Obsolete - the transfer has been effected.

2

The sum of 310l. 7s. 7d cash arising from the dividends of the above-mentioned sum of Consolidated Bank Annuities now standing at the Worcestershire Old Bank at Malvern to the credit of the said William Corner West and John Bullock.

3

A sum of 431l. 2s. cash standing on deposit account at the Worcestershire Old Bank at Malvern to the credit of Stephen Ballard, Henry Lakin and George McCann.

4

A sum of 9l. 18s. at the Worcester Old Bank at Malvern standing on deposit account in the names of Edward Archer, John Severn Burrow, John Bullock senior, John Miles Evans and Thomas Edward Lucy.

5

All dividends or interest due or accruing due on the said sums or any of them up to the time of transfer or payment.

1

This Act may be cited as the Malvern Hills Act 1909 and this Act and the Malvern Hills Act 1884 may be cited together as the Malvern Hills Acts 1884 and 1909.

2

In this Act unless the subject or context otherwise requires

The expression "the Act of 1884" means the Malvern Hills Act 1884;

The expression "the Conservators" means the Malvern Hills Conservators incorporated by the Act of 1884;

The expression "the Board" means the Board of Agriculture and Fisheries;

Update

The expression "the lands subject to the Act of 1884" has the same meaning as that given by the Act of 1884 to the expression in that Act "the lands subject to this Act."

To be covered in definition of Malvern Hills.

3

Repealed by s 6 1924 Act

4

Section 19 (Contributions from parishes) of the Act of 1884 is hereby amended by the substitution of the words "Great Malvern Malvern Link Malvern Wells West Malvern and Guarlford in the county of Worcester and Colwall and Mathon in the county of Hereford" in the place of the words "Colwall Mathon and Great Malvern" and by the substitution of the words "one penny" in place of the words "one halfpenny" in that section.

To be updated

5

The Conservators shall maintain and repair the road known as the Jubilee Drive so far as the same passes along or by the lands subject to the Act of 1884 and also the hill paths over such lands and may pay all expenses incurred in connexion therewith out of their funds.

Proposed deletion – this is now a highway maintainable at the public expense. MHT have powers to maintain paths covered elsewhere.

6

The Conservators may purchase or acquire and plant trees and shrubs upon any part of the lands subject to the Act of 1884 and may fence or protect the same and from time to time remove or transplant any of such trees or shrubs Such trees and shrubs if planted elsewhere than upon any part of the lands described in the Third Schedule to the Act of 1884 shall be deemed to be subject to estovers as regulated by the Conservators but shall not be liable to be cut down until they reach eighteen feet in girth according to the ancient rules of the Forest or Chase of Malvern.

Proposed to be updated – see consultation document.

7 (1)

The Conservators may provide construct fix and maintain seats and shelters upon any part of the lands subject to the Act of 1884 and may apply any of their funds for that purpose.

.

7 (2)

The Conservators may make byelaws for regulating the use of any seats and shelters for the time being provided by them or under their control or management and for preventing injury thereto.

8

Except as provided by the section of this Act of which the marginal note is "Amending section 19 of Act of 1884" nothing in this Act and no byelaw or power of the Conservators under this Act shall apply to or affect any lands tenements or hereditaments of Sir Henry Foley Grey Baronet or of his successors in title in the manor or parish of Great Malvern or any estate interest or property within the said manor or parish of the said Sir Henry Foley Grey or of his successors in title or of his or their lessees tenants or grantees or of any person or persons claiming through or under him or them respectively.

Believed to be obsolete – MHT purchased the land comprising the Manor of Malvern so this clause is no longer required.

9

The County Council of Worcestershire and the County Council of Herefordshire or either of them may contribute to the funds of the Conservators such sums as they may respectively fix by resolution and the said county councils respectively shall pay the amounts of such contributions out of their respective county funds and each of such county councils may in its discretion either treat the whole amount of any such contribution as general county expenses or treat the whole or any part thereof as special county expenses to be levied upon such parish or parishes in the county as the county council may think fit:

Proposed to be updated – see consultation document.

Provided always that no rate shall be raised for the purposes of this section within the urban district of Malvern save with the consent of a resolution of the urban district council of Malvern or within the parishes of Guarlford Mathon or Colwall save with the consent of a resolution of the respective parish councils of those parishes.

See above.

10

The Conservators on the one hand and the County Council of Worcestershire or the County Council of Herefordshire on the other hand may at any time enter into and carry into effect an agreement providing for the appointment of an additional Conservator by the county council party to such agreement upon and subject to such terms and conditions as may by any such agreement be prescribed.

Delete.

11 (1)

The Conservators may from time to time with the consent of the Board and upon and subject to such terms and conditions and for such period as the Board may sanction or direct and upon the security of the contributions authorised to be raised by precept from certain parishes and upon the security of any property belonging to the Conservators borrow any sum or sums of money that may be required by the Conservators for the purposes of this Act and the Act of 1884.

Delete and replace with new provision. See consultation document.

(2)

The Conservators may mortgage or assign over to the persons by or on behalf of whom such sums are advanced the said contributions and property or any part thereof and the sections of the Commissioners Clauses Act 1847 with respect to mortgages to be created by the Commissioners shall form part of and be incorporated with this Act and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a receiver.

As above..

12

Any moneys from time to time in the hands of the Conservators and not immediately required for the purposes for which the same are applicable may be invested by the Conservators in any securities in which trustees are for the time being empowered by Act of Parliament to invest trust moneys and the Conservators shall be at liberty from time to time to transpose any such investments.

Updated.

13

Repealed by Schedule 3 MHA 1995

14

Nothing contained in this Act or to be done under the authority thereof shall in any manner affect the title to any of the subjects or any rights powers or authorities reserved by certain letters patent of the 12th day of May in the 7th year of the reign of His late Majesty King Charles the First belonging to or exerciseable on behalf of His Majesty His heirs or successors.

Update.

15

All expenses (including interest and repayments of principal in respect of borrowed moneys) incurred by the Conservators in carrying into execution the purposes and provisions of this Act (other than expenses for the payment of which money is borrowed by the Conservators under the powers of this Act) may be paid by the Conservators out of any moneys for the time being in their hands and not exclusively applicable to any other purposes in pursuance of the provisions of this Act or the Act of 1884.

Update.

16

The costs charges and expenses preliminary to and of and incidental to the preparing applying for obtaining and passing of this Act shall be paid by the Conservators out of any moneys for the time being in their hands and not exclusively applicable to any other purposes in pursuance of the provisions of this Act or the Act of 1884.

Update.

1

This Act may be cited as the Malvern Hills Act 1924 and this Act and the Malvern Hills Act 1884 and the Malvern Hills Act 1909 may be cited together as the Malvern Hills Acts 1884 to 1924.

2

In this Act unless the subject or context otherwise requires:-

“The Act of 1884" means the Malvern Hills Act 1884 and "the Act of 1909" means the Malvern Hills Act 1909;

“The Board of Conservators” and “The Conservators” mean the Malvern Hills Conservators reincorporated by this Act;

Updated

“The existing Conservators" means the existing Malvern Hills Conservators;

" The Minister " and " the Ministry " mean respectively the Minister and the Ministry of Agriculture and Fisheries;

Update in so far as relevant.

“Constituent authority " means the respective authority entitled under this Act to nominate or appoint a conservator or conservators;

No longer required.

"Contributory authority" means any authority body or person authorised or required by this Act to contribute to the funds of the Conservators;

“The county councils" means the councils of the administrative counties of Hereford and Worcester respectively;

Will be redefined

“The Malvern Council" means the urban district council of Malvern;

Will be redefined

“Revenues of the Conservators " includes the revenues of the Conservators from time to time arising from the Malvern Hills or from any land or other property for the time being belonging to the Conservators and the money receivable or received by them from the constituent authorities and the contributory authorities.

Will be redefined .

3

The following Acts and parts of Acts (so far as the same are applicable for the purposes and are not inconsistent with the provisions of this Act) are hereby incorporated with this Act namely :-

(1)

The Lands Clauses Acts with the following exception and modification: -

See consultation document.

(a)

Section 127 of the Lands Clauses Consolidation Act 1845 (relating to the sale of superfluous lands) is not incorporated with this Act;

(b)

The bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be under the seal of the Conservators and shall be sufficient without the addition of the sureties mentioned in that section:

(2)

The provisions of the Commissioners Clauses Act 1847 -

Commissioners Clauses Act 1847 to be replaced by modern provisions.

With respect to the contracts to be entered into and the deeds to be executed by the Commissioners (except section 57);

As above.

With respect to the liabilities of the Commissioners and legal proceedings by or against the Commissioners;

As above.

With respect to mortgages to be executed by the Commissioners (except section 84):

As above.

And for the purposes of those Acts this Act shall be the special Act and the acquisition by the Conservators of lands properties and rights in the Malvern Hills shall be the undertaking and the Conservators shall be the promoters of the undertaking or the Commissioners respectively.

4

Subject to the provisions of this Act the provisions of the Acquisition of Land (Assessment of Compensation) Act 1919 shall extend and apply with reference to the acquisition of lands and any interests in lands by the Conservators under the powers of this Act as if the Conservators were a local or public authority within the meaning of that Act and reference in this Act to the Lands Clauses Acts shall be construed as references to those Acts as amended by the said Act of 1919.

Obsolete – the Land (Assessment of Compensation) Act 1919 has since been replaced and we do not propose to replace it.

5

The area within the jurisdiction of the Conservators for the purposes of this Act and the Acts of 1884 and 1909 shall comprise the lands rights and interests described in the first second and third schedules to this Act together with all lands common or waste over which the Conservators now have or may hereafter acquire rights and interests all of which are in this Act referred to as " the Malvern Hills."

Definition of Malvern Hills will be updated.

6

Section 5 (Appointment of Conservators) section 6 (Duration of office) section 7 (Election of Conservators) and section 8 (Conservators to be appointed within three months) of the Act of 1884 and section 3 (Amending provisions of Act of 1884 as to appointment of Conservators) of the Act of 1909 are hereby repealed as from the first day of October one thousand nine hundred and twenty four.

7 (1)

Notwithstanding the repeal of sections 5 6 7 and 8 of the Act of 1884 and section 3 of the Act of 1909 the existing Conservators as re-constituted by this Act and their successors shall continue to be a body corporate by the name of " the Malvern Hills Conservators " with a common seal having power to hold and manage lands.

To be updated

(2)

On and after the first day of October one thousand nine hundred and twenty-four the Malvern Hills Conservators who were incorporated by section 5 of the Act of 1884 for the purpose of carrying that Act into effect and upon whom the powers of that Act and the Act of 1909 have been conferred shall consist of the following persons namely: -

To be deleted – see consultation document. .

Two persons to be nominated by the council of the county of Worcestershire;

As above.

Two persons to be nominated by the council of the district of Herefordshire;

As above.

Eight persons to be nominated from and by the council of the district of Malvern Hills;

As above.

One person to be nominated by the parish council of Colwall;

As above.

One person to be nominated by the parish council of Mathon Rural;

As above.

Six persons to be elected by the local government electors for the urban district of Malvern (one person by each of the six wards of the said district);

As above.

Two persons to be elected by the local government electors for the parish of Colwall;

As above.

One person to be elected by the local government electors for the parish of Mathon;

As above.

One person to be elected by the local government electors for the parish of Guarlford; and

As above.

One person to be nominated by the Ecclesiastical Commissioners for England for the time being or their successors in title.

As above.

(3)

The Conservators shall hold office for a period of three years or other such term, not exceeding four years, as the Board of Conservators may by resolution determine and at the end of each period of three years or other such period determined by the Board of Conservators shall retire but shall be eligible for re-nomination or re-election provided that the Conservators nominated in the month of September one thousand nine hundred and twenty-four and elected on the first day of October one thousand nine hundred and twenty-four shall respectively remain in office until the first day of November one thousand nine hundred and twenty-seven.

To be replace – see consultation document.

(4)

The existing Conservators in office at the passing of this Act shall cease to hold office on the first day of October one thousand nine hundred and twenty four but shall be eligible for re-nomination or re-election as Conservators.

Obsolete.

8

Each constituent authority nominating one or more members of the Board of Conservators shall at a meeting of their body to be held in the month of September one thousand nine hundred and twenty-four nominate the number of Conservators whom they are by this Act authorised to nominate to hold office from the first day of October one thousand nine hundred and twenty-four to the first day of November one thousand nine hundred and twenty-seven and shall in the month of October one thousand nine hundred and twenty-seven similarly nominate such number of Conservators as aforesaid to hold office for three years and so on from time to time at the expiration of every successive period of three years.

To be replaced – see consultation document.

9

The Conservators to be elected by the local government electors of the urban district of Malvern shall be elected in the same manner as urban district councillors are for the time being elected and the Conservators to be elected by the local government electors of the parishes of Colwall Mathon and Guarlford shall be elected in the same manner as rural district councillors are for the time being elected and subject to the provisions of this Act the statutory provisions and rules for the time being in force and governing the elections of urban district councillors and rural district councillors respectively shall so far as applicable apply mutatis mutandis to the election of such Conservators as aforesaid:

To be replaced – see consultation document.

Provided that

(a)

The day of election shall be the first day of October for the first election and the first day of November for subsequent elections and the times for the several proceedings in connection with any such election of Conservators shall bear the same relation to the day of election as in the case of the corresponding proceedings in connection with first elections of urban district councillors or rural district councillors as the case may be;

As above.

(b)

The clerk to the existing Conservators shall be the returning officer for the first election and the clerk to the Conservators shall be the returning officer for every subsequent election;

To be updated.

(c)

Any sum which may be payable to the returning officer in respect of his services or in respect of expenses incurred in relation to the election shall be defrayed by the Conservators out of their funds.

10

If any constituent authority fails to nominate the first Conservators as by this Act provided it shall be competent nevertheless for the other Conservators to carry this Act and the Acts of 1884 and 1909 into execution and if any constituent authority fails to nominate Conservators at any subsequent period of three years the then existing Conservators representing such authority shall continue in office till their successors are nominated or elected.

Obsolete .

11

If any Conservator nominated by a constituent authority dies resigns becomes bankrupt or ceases to be a Conservator the constituent authority whom he represented may at any time after the happening of such vacancy nominate a Conservator in his place and every Conservator so nominated shall continue in office only so long as the person in whose place he is appointed would have been entitled to continue in office.

To be updated – see consultation document.

12

Whenever a nomination or election of a Conservator has been made the clerk to the constituent authority or body by whom the appointment was made or the returning officer in the case of an election shall by writing under his hand certify the appointment to the clerk to the Conservators.

To be replaced – see consultation document.

13

The first meeting of the Board of Conservators shall be convened by the clerk to the Conservators during the month of October one thousand nine hundred and twenty-four and other meetings of the Board of Conservators shall be held on such days at such times and at such places as the Conservators may from time to time appoint.

To be replaced – see consultation document.

14

In addition to the meetings to be held by appointment of the Conservators the chairman of the Board of Conservators for the time being or any four or more Conservators may at any time by writing addressed and sent to the clerk to the Conservators require a special meeting to be convened and the said clerk shall convene a meeting accordingly.

To be replaced – see consultation document.

16

The number of Conservators present to constitute a meeting of the Board of Conservators shall be six unless altered by special resolution of the Conservators.

To be replaced – see consultation document.

17

The clerk to the existing Conservators shall continue in office as clerk to the Board of Conservators on the same terms and conditions as theretofore The Conservators may appoint such officers clerks and servants as they think requisite and on such terms and conditions as they may think fit.

To be replaced – see consultation document..

18

If at any time any difference arises between the Conservators and any of the constituent authorities respecting any matter arising out of the provisions of this Act the same shall be referred to and be settled by arbitration under the Arbitration Act 1889.

To be replaced – see consultation document.

19

Section 176 (Regulations as to purchase of land) section 297 (As to Provisional Orders made by Local Government Board) and section 303 (Power to repeal and alter local Acts) of the Public Health Act 1875 shall extend and apply to and may be exercised by the Conservators as if they were a local authority within the meaning of those sections and the Malvern Hills were their district and the Minister of Health may make such Orders as he is by those sections empowered to make on the petition or application of a local authority.

Section 176 (Regulations as to purchase of land) has been repealed. This set out certain safeguards and process in relation to compulsory purchase powers in the Lands Clauses Acts. The modern equivalent may be section 121 of the Local Government Act 1972.

Section 297 is still in force and governs the making of provisional orders (made under section 176, to allow for the compulsory purchase of land), but the application of section 240 Local Government Act 1972 may be a more suitable modern equivalent.

Section 303 provides a power for the Local Government Board (probably now the Secretary of State) to repeal, alter or amend local Acts (such as the Malvern Hills legislation). The Trust understands that this piece of legislation is no longer used in practice. Section to be repealed.

20

The Malvern Hills shall be regulated and managed by the Conservators under and in accordance with this Act and the Acts of 1884 and 1909.

To be updated.

21

The Conservators shall at all times as far as possible preserve the natural aspect of the Malvern Hills and shall protect the timber and other trees pollards shrubs underwood heather gorse turf and herbage growing on the Malvern Hills and subject to the provisions of this Act shall prevent all persons from unlawfully felling cutting lopping or injuring the same and from unlawfully digging or removing any stone gravel clay loam soil or turf forming part of the Malvern Hills.

To be replaced – see consultation document.;

22 (1)

Notwithstanding anything contained in the Acts of 1884 and 1909 the Conservators are hereby authorised to purchase the whole or any portions of the lands properties quarries manorial rights and interests described in the Second and Third Schedules to this Act and the owners thereof and other persons interested therein shall sell the same subject and according to the provisions of this Act and the Acts incorporated herewith.

Obsolete

(2)

In assessing the amount of compensation to be paid under this Act to the owner of any quarry any obligations such owner may be under in regard to his employees shall be taken into account.

Obsolete

23

The powers of the Conservators for the compulsory purchase of lands and other interests for the purposes of this Act shall cease after the expiration of five years from the thirty-first day of December one thousand nine hundred and twenty-four.

Obsolete

24 (1)

On the Conservators giving notice of their intention to exercise their option to purchase the undertaking of the Pyx Granite Company Limited (in this section referred to as “the company”) pursuant to the heads of agreement set forth in the Fourth Schedule to this Act the Conservators shall deposit in a bank in the joint names of themselves and the managing director of the company a sum equal to twenty-five times the assessable value to poor rate of the property of the company in the urban district of Malvern.

Obsolete – the requirements were time limited.

(2)

Within six months from the date of the passing of this Act the Conservators shall deposit in a bank in the joint names of themselves and William Berington or other the owner or owners for the time being of the mineral rights referred to in the section of this Act of which the marginal note is " For protection of William Berington" a sum equal to twenty-five times the assessable value to poor rate of the properties numbered 1 and 2 in the parish of Little Malvern on the deposited plans.

Obsolete

(3)

The amounts deposited as aforesaid shall be applied towards payment of any purchase money or compensation that may be agreed or awarded in respect of the undertaking or rights to be acquired and any balance remaining after such payments shall be refunded to the Conservators.

Obsolete

25 (1)

The Conservators may make and enforce bye-laws to regulate quarrying in upon or under the Malvern Hills and to regulate the erection of buildings sheds cranes works and machinery on the Malvern Hills and subsections (4) to (8) of section 10 (Byelaws) of the Malvern Hills Act 1930 shall apply in relation to any such byelaws as if they were byelaws made under that section.

To be updated – see consultation document.

(2)

In the event of the owner lessee or occupier of any quarry being injuriously affected by the operation of any bye-law made under this section the Conservators shall pay compensation to such owner lessee or occupier and any such compensation shall be ascertained in accordance with the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement.

As above.

26 (1)

The Minister may at any time on the application of the Conservators and after holding a local inquiry at which all landowners and other persons affected by the application shall have the right to appear and be heard make an order or orders to prohibit quarrying upon any part of the Malvern Hills specified in such order or orders or to require that in the quarrying operations the surface of the ground shall not be removed.

Proposed to be deleted, but see consultation document.

(2)

Any such order shall make provision for the payment of compensation by the Conservators to any landowners or other persons whose interest may be affected by such order and any such compensation shall be ascertained in accordance with the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement.

As above.

27

After an application shall have been made by the Conservators to the Minister for an order under the last preceding section of this Act and before such application shall have been withdrawn or an order shall have been made thereon the Minister may at any time on the application of the Conservators and without holding any local inquiry or hearing any of the parties interested make a temporary order or temporary orders to prohibit quarrying on the lands to which such application relates for such period as the Minister thinks fit provided that the period of any such temporary order shall not exceed twelve months and any such temporary order may be made upon such terms and conditions (if any) as to compensation costs or otherwise as the Minister thinks fit.

As above.

28

The Minister shall give directions in writing as to the procedure to be followed with reference to the making of any application by the Conservators to the Minister and the holding of any local inquiry under this Act and as to the publication of any order made by the Minister under this Act and such directions shall have effect as if they were incorporated in this Act.

As above.

29

The Minister may by any order made by him in pursuance of the section of this Act whereof the marginal note is "Power for Minister to make orders prohibiting quarrying" or by a separate order or separate orders direct that the whole or any part of the costs of any local inquiry under this Act (including the expenses of any witnesses summoned by the inspector or other person holding the inquiry and a sum to be fixed by the Minister for the services of such inspector or person) shall be paid by the Conservators.

As above.

30 (1)

Any person who shall offend against any provision contained in an order made by the Minister under this Act (other than an order for the payment of money) shall be liable to a penalty not exceeding five pounds in respect of every day on which the offence occurs or continues and all such penalties shall be recoverable summarily before a petty sessional court.

As above.

(2)

In addition and without prejudice to the provisions of subsection (1) of this section all the provisions of an order made by the Minister under this Act may be enforced by action in any court of competent jurisdiction.

As above.

31

The Conservators may grant licences to any local authority part of whose district is included in the Malvern Hills to obtain stone for the repair of roads which are situate within a radius of seven miles from the Priory Church at Malvern such stone to be obtained from such parts of the Malvern Hills as will not interfere with their natural aspect and subject to such terms and conditions (including the payment of rent or royalties) as the Conservators may think fit and the Conservators may enter into and carry into effect agreements with reference thereto.

Proposed to be deleted – see consultation document.

32 (1)

The Conservators may from time to time with the consent of the Minister of Health and upon and subject to such terms and conditions and for such period as the Minister of Health may sanction or direct and upon the security of the revenues and property of the Conservators borrow such sum or sums of money as may be required by the Conservators for the purposes of this Act or the Act of 1884 and the Act of 1909.

To be deleted - new power to borrow proposed – see consultation document.

(2)

The Conservators may mortgage or assign over to the persons by or on behalf of whom such sums are advanced the said revenues and property or any part thereof.

As above.

33

The expenses incurred by the Conservators shall be paid by them out of any moneys in their hands or received from the contributory authorities and they may raise any moneys required for meeting such expenses whether before or after the same shall have actually become liable in manner following:-

(a)

They shall apportion the amount so required between the parishes of Great Malvern Malvern Link Malvern Wells West Malvern and Guarlford in the county of Worcester and Colwall and Mathon in the county of Hereford according to the respective assessable value of the said parishes at the time the apportionment is made such assessable value having the same meaning as in section 3 of the Agricultural Rates Act 1896 as amended by the Agricultural Rates Act 1923:

(b)

The amounts due from the above-mentioned parishes may be raised by precept of the Board of Conservators on the overseers of each such parish requiring them to pay the amount specified in such precept to the treasurer clerk or other officer of the Conservators and the respective overseers shall pay the same accordingly out of the poor rate of their respective parishes:

(c)

The receipt of the officer or officers of the Conservators named in such precept shall be a good discharge for the amount so paid:

(d)

The amounts raised under this section shall be in addition to the amounts to be raised under the Acts of 1884 and 1909:

.

(e)

No amount so apportioned shall include any sum of money payable on a date which is more than twelve months in advance of the date upon which the apportionment is made.

.

34

Notwithstanding anything contained in this Act: -

.

(1)

The sum required by any precept issued under the provisions of the last preceding section in any one year for the special purposes of this Act shall not exceed an annual sum calculated at the rate of three pence for every pound of assessable value such assessable value having the same meaning as in section 3 of the Agricultural Rates Act 1896 as amended by the Agricultural Rates Act 1923 but this limitation shall not affect the rates authorised by the Acts of 1884 and 1909:

To be updated.

(2)

The Minister of Health may on the application of the Conservators and after holding a public inquiry of which due notice shall be given by order sanction an increased rate for the special purposes of this Act for such period as may be specified in the order and in that case the limit fixed by this section shall be increased accordingly.

.

35

The Conservators shall create and form a general fund and they shall carry to the credit of that fund all sums payable by any contributory authority all moneys raised by precept under the provisions of the section of this Act of which the marginal note is "Expenses to be paid by contributory authorities" and all fines fees on licences and revenue of the Conservators other than interest on the compensation fund.

To be updated.

36

The Conservators shall pay out of the general fund all expenses of administration and also the interest and instalments of principal or payments to a sinking fund in respect of any moneys borrowed under the provisions of this Act.

To be updated.

37

The Conservators shall create and form a fund to be called the compensation fund and they shall carry to the credit of the compensation fund

Obsolete.

(a)

All moneys borrowed by the Conservators under this Act other than money borrowed for the payment of the costs of this Act:

As above

(b)

The balance at the end of each financial year of any moneys standing to the credit of the general fund after making allowance for any outstanding current liabilities:

As above.

(c)

Interest on the moneys forming the compensation fund:

As above.

(d)

Voluntary donations or subscriptions.

As above.

38

The Conservators shall pay out of the compensation fund all amounts that may be awarded by the arbitrator under the provisions of this Act to lords of the manor owners or other persons and any costs and charges in connection therewith payable by the Conservators.

Obsolete.

39 (1)

The Conservators may raise all or any moneys which they are authorised to borrow or re-borrow under this Act by mortgage or by the issue of debentures or annuity certificates under and subject to the provisions of the Local Loans Act 1875 or partly in one way and partly in another or others and for the purposes of such issue under the last-mentioned Act the Conservators shall be deemed a local authority under that Act and the revenues of the Conservators shall be deemed to be the local rate as defined by the said Act:

To be replaced with updated power – see consultation document.

Provided that the provisions of this Act in regard to the formation of sinking funds shall apply in substitution for the like provisions of the Local Loans Act 1875.

Obsolete.

(2)

Any constituent or contributory authority (other than a parish council or overseers of the poor) may with the consent of the Minister of Health lend to the Conservators any sum or sums of money on such terms and conditions and in such form as may be agreed between the Board of Conservators and such authority.

No longer required – MHT unlikely to borrow from local authorities.

40

The following sections of the Public Health Act 1875 shall extend and apply to mortgages granted under this Act (that is to say):-

These provisions have been repealed – obsolete.

Section 236. Form of mortgage;

As above.

Section 237. Register of mortgages;

As above.

Section 238. Transfer of mortgages.

As above.

41

The Conservators shall pay off all moneys borrowed by them on mortgage under the powers of this Act either by equal yearly or half-yearly instalments of principal or of principal and interest combined or by means of a sinking fund or partly by one of these methods and partly by another or others of them and the payment of the first instalment or the first payment to the sinking fund shall be made within one year or when the money is repaid by half-yearly instalments or by half-yearly payments to the sinking fund within six months from the date of borrowing.

Deleted – MHT’s obligations in respect of repayments likely to be governed by commercial terms.

42 (1)

If the Conservators determine to repay by means of a sinking fund any moneys borrowed by virtue of this Act such fund shall be formed and maintained either

Deleted in light of proposed deletion of sinking fund provisions.

(a)

by payment to the fund throughout the prescribed period of such equal annual sums as will together amount to the moneys for the repayment of which the sinking fund is formed A sinking fund so formed is hereinafter called “a non-accumulating sinking fund "; or

Deleted in light of proposed deletion of sinking fund provisions.

(b)

by payment to the fund throughout the prescribed period of such equal yearly or half-yearly sums as with accumulations at a rate not exceeding three pounds ten shillings per centum per annum or such other rate as the Minister of Health may from time to time approve will be sufficient to pay off within the prescribed period the moneys for the repayment of which the sinking fund is formed A sinking fund so formed is hereinafter called an” accumulating sinking fund.”

Deleted in light of proposed deletion of sinking fund provisions.

(2)

Every sum paid to a sinking fund and in the case of an accumulating sinking fund the interest on the investments of the sinking fund shall unless applied in repayment of the loan in respect of which the sinking fund is formed be immediately invested in statutory securities the Conservators being at liberty from time to time to vary and transpose such investments.

Deleted in light of proposed deletion of sinking fund provisions.

(3)

In the case of a non-accumulating sinking fund the interest on the investments of the fund may be applied by the Conservators towards the equal annual payments to the fund.

Deleted in light of proposed deletion of sinking fund provisions.

(4)

The Conservators may at any time apply the whole or any part of any sinking fund in or towards the discharge of the moneys for the repayment of which the fund is formed Provided that in the case of an accumulating sinking fund the Conservators shall pay into the fund each year and accumulate during the residue of the prescribed period a sum equal to the interest which would have been produced by such sinking fund or part thereof so applied if invested at the rate per centum per annum on which the annual payments to the sinking fund are based.

Deleted in light of proposed deletion of sinking fund provisions.

(5) (a)

If and so often as the income of an accumulating sinking fund is not equal to the income which would be derived from the amount invested if the same were invested at the rate per centum per annum on which the annual payments to the fund are based any deficiency shall be made good by the Conservators.

Deleted in light of proposed deletion of sinking fund provisions.

(b)

If and so often as the income of an accumulating sinking fund is in excess of the income which would be derived from the amount invested if the same were invested at the rate per centum per annum on which the annual payments to the fund are based any such excess may be applied towards such annual payments.

Deleted in light of proposed deletion of sinking fund provisions.

(6)

Any expenses connected with the formation maintenance investment application management or otherwise of any sinking fund under this Act shall be paid by the Conservators in addition to the payments provided for by this Act.

Deleted in light of proposed deletion of sinking fund provisions.

(7)

If it appears to the Conservators at any time that the amount in the sinking fund with the future payments thereto in accordance with the provisions of this Act together with the probable accumulations thereon (in the case of an accumulating sinking fund) will not be sufficient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed it shall be the duty of the Conservators to make such increased payments to the sinking fund as will cause the sinking fund to be sufficient for that purpose Provided that if it appears to the Minister of Health that any such increase is necessary the Conservators shall increase the payments to such extent as the Minister may direct.

Deleted in light of proposed deletion of sinking fund provisions.

(8)

If the Conservators desire to accelerate the repayment of any loan they may increase the amounts payable to any sinking fund.

Deleted in light of proposed deletion of sinking fund provisions.

(9)

If the amount in any sinking fund with the future payments thereto in accordance with the provisions of this Act together with the probable accumulations thereon (in the case of an accumulating sinking fund) will in the opinion of the Minister of Health be more than sufficient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed the Conservators may reduce the payments to the sinking fund either temporarily or permanently to such amounts as will in the opinion of the Minister of Health be sufficient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed.

Deleted in light of proposed deletion of sinking fund provisions.

(10)

If the amount in any sinking fund at any time together with the probable accumulations thereon (in the case of an accumulating sinking fund) will in the opinion of the Minister of Health be sufficient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed the Conservators may with the consent of that Minister discontinue the annual payments to such sinking fund until the Minister shall otherwise direct.

Deleted in light of proposed deletion of sinking fund provisions.

(11)

Any surplus of any sinking fund remaining after the discharge of the whole of the moneys for the repayment of which it was formed shall be applied to such purpose or purposes as the Conservators with the consent of the Minister of Health may determine.

Deleted in light of proposed deletion of sinking fund provisions.

43 (1)

Any mortgagee of the Conservators by virtue of this Act may enforce the payment of arrears of interest or principal or of principal and interest by the appointment of a receiver. The amount of arrears of principal due to such mortgagee or in the case of a joint application by two or more mortgagees to such mortgagees collectively to authorise the appointment of a receiver shall not be less than one thousand pounds in the whole.

Delete – enforcement can take place in the normal way.

(2)

The application for the appointment of a receiver shall be made to the High Court.

Delete – enforcement can take place in the normal way.

44 (1)

The Conservators shall have power

Replace with new power to borrow – see consultation document.

(a)

to borrow for the purpose of paying off any moneys previously borrowed under this Act which are intended to be forthwith repaid; or

As above.

(b)

to borrow in order to replace moneys which during the previous twelve months have been temporarily applied from other funds of the Conservators in repaying moneys previously borrowed under this Act and which at the time of such repayment it was intended to replace by borrowed moneys.

As above.

(2)

Any moneys borrowed under this section shall for the purposes of repayment be deemed to form part of the original loan and shall be repaid within that portion of the period prescribed for the repayment of that loan which remains unexpired and the provisions which are for the time being applicable to the original loan shall apply to moneys borrowed under this section.

As above.

(3)

The Conservators shall not have power to borrow for the purpose of making any payment to a sinking fund or of paying any instalment or making any annual payment which has or may become due in respect of borrowed moneys.

As above.

(4)

The Conservators shall not have power to borrow in order to replace any moneys previously borrowed which have been repaid -

As above.

(a)

by instalments or annual payments; or

As above.

(b)

by means of a sinking fund; or

As above.

(c)

out of moneys derived from the sale of land; or

As above.

(d)

out of any capital moneys properly applicable to the purpose of the repayment other than moneys borrowed for that purpose.

As above.

45

All moneys borrowed by the Conservators under the powers of this Act shall be applied only to the purposes for which they are authorised to be borrowed and to which capital is properly applicable.

46 (1)

When under the provisions of any Act of Parliament or of any Order confirmed by or having the effect of an Act of Parliament whether passed confirmed or made before or after the passing of this Act the Conservators are empowered or required to form a sinking fund for the payment off of moneys borrowed or payable by them they may (in addition to any other powers for the time being vested in them) invest such sinking fund and the interest of the investments of such sinking fund in statutory securities and they may also invest moneys standing to the credit of the compensation fund required for other purposes in the like securities.

Proposed to delete sinking fund provisions.

(2)

In this Act the expression " statutory securities " means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond debenture debenture stock stock or other security authorised by or under any Act of Parliament passed or to be passed of any county council or municipal corporation or other local authority as defined by section 34 of the Local Loans Act 1875 but does not include annuities rentcharges or securities transferable by delivery or any securities of the Conservators

As above.

47 (1)

The clerk to the Conservators shall if and when he is requested by the Minister of Health so to do transmit to the Minister a return showing the provision made for the repayment of any loans raised by the Conservators under the authority of this Act.

Proposed deletion – no longer required in light of requirements to publish accounts.

(2)

The return shall show such particulars and shall be made up to such date and in such form as the Minister may require and shall if so required by him be verified by statutory declaration of the clerk to the Conservators or other the chief accounting officer of the Conservators and shall be transmitted within one month after the making of the request and in the event of his failing to make such return the clerk to the Conservators shall for each offence be liable to a penalty not exceeding twenty pounds to be recovered by the Minister in a court of summary jurisdiction and notwithstanding the recovery of such penalty the making of the return shall be enforceable by writ of mandamus to be obtained by the Minister out of the High Court.

Delete in light of proposed deletion above.

(3)

If it appears to the Minister by such a return as aforesaid or otherwise that the Conservators have failed to pay any instalment or annual payment required to be paid or to appropriate any sum required to be appropriated or to set apart any sum required for any sinking fund (whether such instalment or annual payment or sum is required by this Act or by the Minister in virtue thereof to be paid appropriated or set apart) or have applied any portion of any sinking fund to any purpose other than those authorised the Minister may by order direct that the sum in such order mentioned not exceeding the amount in respect of which default has been made shall be paid or applied in the manner and by the date in such order mentioned and the Conservators shall notify the Minister as soon as the order is complied with and any such order shall be enforceable by writ of mandamus to be obtained by the Minister out of the High Court.

Delete in light of proposed deletion above.

48 (1)

The Minister of Health may direct any inquiries to be held by his inspectors which he may deem necessary in regard to the exercise of any powers conferred upon him or the giving of any consents under this Act and the inspectors of the Ministry of Health shall for the purposes of any such inquiry have all such powers as they may have for the purposes of inquiries directed by that Minister under the Public Health Act 1875.

Required updating.

(2)

The Conservators shall pay to the Minister of Health any expenses incurred by that Minister in relation to any inquiries referred to in this section including the expenses of any witnesses summoned by the inspector holding the inquiry and a sum to be fixed by that Minister not exceeding five guineas a day for the services of such inspector.

As above.

49

The Conservators shall not be bound to see to the execution of any trust whether express implied or constructive to which any loan or security for a loan may be subject but the receipt of the person in whose name any loan or security for loan stands in the register of mortgages of the Conservators shall be a sufficient discharge to the Conservators in respect thereof notwithstanding any trust to which such loan or security may be subject and whether or not the Conservators have had express or implied notice of any such trust or of any charge or incumbrance upon or transfer of such loan or security or any part thereof or interest thereon not entered in their register.

Delete in light of general law.

50

A person lending money to the Conservators under this Act shall not be bound to inquire as to the observance by the Conservators of any of the provisions of this Act or be bound to see to the application or be answerable for any loss misapplication or non-application of the money lent or of any part thereof.

Delete – subject to general law.

51

A judge of any court or a justice shall not be disqualified from acting in the execution of this Act by reason of his being liable to any rate.

Propose for deletion – see consultation document..

52

Section 259 (Appearance of local authorities in legal proceedings) and section 265 (Protection of local authority and their officers from personal liability) of the Public Health Act 1875 shall apply to the Conservators and to the clerk and to any officer or member of the Board of Conservators or other person acting under the direction of the Conservators as if the Conservators were included in those sections in addition to the local and other authorities mentioned therein and any expense referred to in the said section 265 shall be borne and repaid out of the funds of the Conservators.

These provisions have been repealed (except section 265, governing personal liability, which will be covered in a separate provision).

53

Nothing in this Act contained shall prejudice or affect the property rights or interest of the Great Western Railway Company.

See consultation document.

54

For the protection of the Pyx Granite Company Limited (in this section referred to as "the company") the following provisions shall unless otherwise agreed in writing between the company and the Conservators and the Malvern Council have effect (that is to say):-

The heads of agreement as set forth in the Fourth Schedule to this Act are hereby confirmed and made binding on the company and the Conservators and the Malvern Council and the provisions of this Act shall only apply to or affect the undertaking property or rights of the company subject to the provisions of the said heads of agreement.

Obsolete - delete

55

The Conservators shall pay to the Malvern Council compensation in respect of the value of the interest of that council as lessees licensees or tenants in the two quarries at North Malvern referred to in the Fourth Schedule to this Act other than the plant and machinery on or held in connection with those quarries and such value shall be ascertained as on the date upon which the interest of the Malvern Council in those quarries is transferred to the Pyx Granite Company Limited and unless the amount be agreed the same shall be settled by arbitration.

Obsolete - delete

56

For the protection of William Berington of Little Malvern Court in the county of Worcester or other the owner or owners for the time being of the estate in the parish of Little Malvern in the said county known as the Little Malvern Court Estate (all of whom are in this section referred to as and included in the expression "the owner") the following provisions shall unless otherwise agreed in writing between the owner and the Conservators have effect (that is to say):-

Obsolete as these provisions appear to have been effected - delete

(1)

The Conservators shall within twelve months from the date of the passing of this Act purchase and the owner shall sell to them subject to the existing lease granted by the owner to the Pyx Granite Company Limited the mineral rights of the owner (including stone) in the lands of the owner numbered on the deposited plans 1 and 2 in the parish of Little Malvern but notwithstanding anything contained in this Act or shown on the deposited plans the Conservators shall not acquire any surface rights in or over any lands of the owner or any greater or other estate or interest therein than such mineral rights as aforesaid:

Obsolete - delete

(2)

The purchase money and compensation to be paid to the owner for the acquisition of the said mineral rights shall be such a sum as failing agreement between the owner and the Conservators shall be determined by a single arbitrator to be agreed upon between them or failing such agreement to be appointed on the applications of either party after notice in writing to the other of them by the President of the Institute of Mining Engineers in accordance with the provisions of the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act 1919 shall not apply to such determination:

Obsolete - delete

(3)

Upon the expiration of the said existing lease to the Pyx Granite Company Limited the owner shall not renew that lease:

Obsolete - delete

(4)

The owner shall be entitled for building or road purposes on the Little Malvern Court Estate at any time to take stone sand and gravel from any quarry existing at the date of the passing of this Act on that estate:

See consultation document.

(5)

In consideration of the elimination from the Bill for this Act of the provisions contained therein pursuant to which the parish of Little Malvern would have been subject to the provisions contained in the section of this Act of which the marginal note is “Expenses to be paid by contributory authorities” there shall be deducted from the purchase money and compensation payable to the owner under the provisions of this section and retained by the Conservators the sum of two hundred and fifty pounds:

Obsolete - delete

(6)

The provisions of this Act other than this section shall not apply to or in any way affect the property or rights of the owner.

Obsolete - delete

57

Notwithstanding anything contained in this Act the Conservators shall not acquire any part of the lands of which Charles Frederick Price is the owner or reputed owner otherwise than by agreement nor shall any of the provisions of this Act apply to such lands.

Obsolete – proposed to delete – see consultation document.

58

Nothing contained in this Act or to be done under the authority thereof shall in any manner affect the title to any of the subjects or any rights powers or authorities reserved by certain letters patent of the twelfth day of May in the seventh year of the reign of His late Majesty King Charles the First and belonging to or exerciseable on behalf of His present Majesty His heirs or successors or affect prejudicially any estate right power privilege or exemption of the Crown.

Update.

59

The costs charges and expenses of the Conservators and of the Malvern Council preliminary to and of and incidental to the preparing applying for obtaining and passing of this Act shall be paid by the Conservators out of any moneys for the time being in their hands or out of moneys to be borrowed by them under the provisions of this Act.

Updated as appropriate.

The SCHEDULES referred to in the foregoing Act.

The First Schedule

PROPERTY VESTED IN THE CONSERVATORS

The lands shown upon the deposited plans and distinguished by the following numbers: -

In the urban district of Malvern –

Nos. 17 28 30.

In the parish of Colwall –

Nos. 4 5 6.

The waste lands of the manor or parish of Great Malvern.

The rights and interests of the Conservators over and in the lands described in the First and Third Schedules to the Act of 1884 as specified in that Act.

THE SECOND SCHEDULE

LANDS AND QUARRIES AUTHORISED BY THIS ACT TO BE ACQUIRED BY THE CONSERVATORS

The properties shown upon the deposited plan and distinguished by the following numbers

In the urban district of Malvern

Nos. 1 5 6 7 8 10 12 13 15 16 19 21 22 23 24 25 26 27 29.

In the parish of Colwall

Nos. 1 2 3 7.

In the parish of Ledbury Rural.

Nos. 1 2.

THE THIRD SCHEDULE

MANORIAL RIGHTS AUTHORSIED BY THIS ACT TO BE ACQUIRED BY THE CONSERVATORS

The rights of the following persons as lords of the manor in any of the lands quarries or properties described in the First and Second Schedules:-

The Ecclesiastical Commissioners for England.

Obsolete - delete

The Malvern Urban District Council.

Believed to be obsolete

Lady Catherine Sarah Grey.

Believed to be obsolete

Mr. Thomas Read Quarrell.

Believed to be obsolete

Major C. F. Raper as Executor of R. W. Raper.

Believed to be obsolete

The Right Honourable Arthur Herbert Tennyson Baron Somers.

THE FORTH SCHEDULE

HEADS OF AGREEMENT BETWEEN THE PYX GRANITE COMPANY LIMITED AND THE CONSERVATORS AND THE MALVERN URBAN DISTRICT COUNCIL.

1

The Company’s rights of quarrying to be limited (outside their freehold property) to the quarryable area at North Malvern defined on a plan to be signed by the Right Honourable the Lord Islington the Chairman of the Committee of the House of Lords to whom the Bill is referred a copy of which is to be supplied by the Conservators to the Company.

Obsolete - delete

2

The Company to surrender the remaining area held by them under the Gandolfi Licences but to be at liberty to work under the Berington Lease until it expires That Lease is not to be renewed.

Obsolete - delete

3

The Malvern Urban District Council (hereinafter referred to as "the Council") to transfer to the Company their interest as lessees or tenants of the two quarries at North Malvern which they hold and the Company to purchase by agreement or by valuation the plant and machinery of the Council now there.

Obsolete - delete

4

The Company to supply the Council with all stone they require for repair of roads in their area at 7s.9d. per ton at the quarry subject to variation of price according to variations in wages.

Obsolete - delete

5

The Council to extend the Company’s existing licences so far as they affect the areas which the Company may under clause 1 work to the twenty-fourth June one thousand nine hundred and sixty on the same terms as at present affect such areas respectively under the present licences.

Obsolete - delete

6

The Conservators and the Council to arrange for the grant to the Company of a licence to work the present Council’s quarries within the area mentioned in clause 1 to the twenty-fourth June one thousand nine hundred and sixty on the terms of the existing 1910 licence so far as applicable.

Obsolete - delete

7

The Company to pay the Council’s solicitor’s costs incidental to the grant of the new licences.

Obsolete - delete

8

The Company to put in repair the quarry road between the points C and D on the plan and to keep such road in repair during the continuance of the new licences.

Obsolete - delete

9

The Company within a period of two years to widen the quarry road so as to permit of a footpath on the eastern side thereof three feet wide between the said points C and D and to make up such footpath which when made up is to be kept in repair by the Conservators.

Obsolete - delete

10

The Company to exclude from its operations the playground hatched black on the plan and not to affect injuriously the existing reservoir and aqueduct on the land numbered 10 on the deposited plan in the parish of Malvern.

Obsolete - delete

11

The Conservators to be at liberty to plant trees on the disused quarry dumps at the North Malvern quarries the work to be done to the satisfaction of the Company.

Obsolete - delete

12

The Conservators to have an option to purchase the Company’s undertaking as a going Concern at the expiration of two years after written notice of such intention shall have been given to the Company during the third fourth or fifth year after the passing of the Bill.

Obsolete - delete

13

The price for such purchase to be agreed or to be referred to and determined by one of the panel of official arbitrators appointed under the Acquisition of Land (Assessment of Compensation) Act 1919 in accordance with the provisions of the Lands Clauses Acts which for this purpose shall be deemed to be modified by section 5 of the Acquisition of Land (Assessment of Compensation) Act 1919 but with that exception the last-mentioned Act shall not apply Such price to be based on the value of the undertaking at the date of the notice and for that purpose the new and extended licences shall be treated as expiring on the twenty-fourth June one thousand nine hundred and forty-nine instead of the twenty-fourth June one thousand nine hundred and sixty.

Obsolete - delete

14

A clause to be inserted in the Bill excluding the undertaking property and rights of the Company from its operation except that bye-laws may be made with the approval of the Home Secretary (after notice to the Company) in regard only to blasting operations in the Company’s quarries for the protection of the public.

Obsolete - delete

15

The Company to be at liberty to continue working under the existing licences without restriction until the new licences above mentioned are granted.

Obsolete - delete

16

The Company undertake during the period within which the Conservators have power to give to the Company notice of their intention to purchase not to work the Council’s quarries mentioned in clause 3 hereof in any other way than from the bases of the said quarries as they now exist such quarrying not to reach above a line marked A-B on plan drawn one hundred and forty feet south of the outer wall of the North Malvern Reservoir in a south-easterly direction to the present chestnut fence above the Scar Rock Quarry The Company may be allowed if found necessary to remove any dangerous rock now overhanging the face at their Scar Rock Quarry or liable to become dislodged by reason of the lower workings Any dispute on this point to be referred to His Majesty’s Inspector of Mines.

Obsolete - delete

17

The Company shall be at liberty to make and use a tunnel fifteen feet wide and ten feet high under the area of land dividing their freehold property from the Council’s quarries at a point above the reservoir of the Council to be agreed between the Conservators and the Council in accordance with plans to be approved by their respective surveyors and regulations to be made by the Council for the protection of the public.

Obsolete - delete

18

These provisions to be inserted in an agreement which shall contain an arbitration clause and to be executed in triplicate such agreement in case of difference to be settled by a conveyancing counsel to be agreed upon between the Company and the Conservators or failing such agreement to be nominated by the President of the Incorporated Law Society.

Obsolete - delete

1

This Act may be cited as the Malvern Hills Act 1930 and the Malvern Hills Act 1884 the Malvern Hills Act 1909 the Malvern Hills Act 1924 and this Act may be cited together as the Malvern Hills Acts 1884 to 1930.

2

In this Act unless the subject or context otherwise requires

"The Malvern Hills" shall have the same meaning as defined in section 5 of the Malvern Hills Act 1924;

Definition will be updated.

"The Act of 1884" "the Act of 1909" and "the Act of 1924" mean respectively the Malvern Hills Act 1884 the Malvern Hills Act 1909 and the Malvern Hills Act 1924;

Update.

"The Malvern Hills Acts" shall mean the Malvern Hills Act 1884 the Malvern Hills Act 1909 the Malvern Hills Act 1924 and this Act;

Update definitions.

"The Conservators" shall mean the Malvern Hills Conservators as re-incorporated by the Act of 1924;

Update definitions.

"The council" means the urban district council of Malvern.

No longer required.

3

Update.

a)

Except as in the Malvern Hills Acts otherwise provided they shall at all times keep the Malvern Hills unenclosed and unbuilt on as open spaces for the recreation and enjoyment of the public;

Update as appropriate.

b)

They shall by all lawful means prevent resist and abate all enclosures and encroachments upon and all attempts to enclose or encroach upon the Malvern Hills or any part thereof or to appropriate or use the same or the timber or roads thereof or any part thereof for any purpose inconsistent with the Malvern Hills Acts.

Update as appropriate.

4

The Conservators shall have with respect to the Malvern Hills the following powers (namely):-

a)

They may drain any part or parts of the Malvern Hills so far as they may deem necessary or desirable and they may make temporary enclosures for the purposes of this subsection and for the purpose of protecting or renovating turf;

b)

They may fence or cause to be fenced dangerous places;

c)

They may make and maintain or by agreement with the local authority may make and maintain footpaths and ways over the Malvern Hills;

.

d)

They may on the Malvern Hills erect sheds for tools and materials and may maintain and repair such sheds;

#

e)

They may set apart from time to time on the Malvern Common and the Malvern Link Common pieces of land not exceeding in the aggregate fifty acres upon which persons may play games or hold meetings or gatherings for athletic sports;

#

f)

They may from time to time enclose for a period not exceeding one month and provided that such periods shall not exceed three months in any year land on the Malvern Link Common not exceeding fifty acres in extent for the purpose of the holding of agricultural or horticultural or other exhibition circus fair or show and may let the same on such terms as they shall think fit;

g)

[original wording repealed by s4 1995 Act and replaced by the following:]

They may grant leave or licence for any period not exceeding one year upon such terms and conditions and subject to such restrictions as they think fit to any person or persons to erect, maintain and operate temporary or mobile stalls not exceeding six in all at any one time on the Malvern Hills for the purpose of purveying food and refreshment to the public, and without prejudice to the generality of the foregoing such restrictions may relate to locations on the Malvern Hills where such a stall may be erected or from where it may be operated and the display of advertisements of any kind visible from outside the stall whether relating to any trade or business carried on at the stall or not.”.

.

5

The Conservators may with the consent of the Minister of Agriculture and Fisheries construct and maintain or may grant licence to any local authority to construct and maintain in such positions and places as the Conservators think fit either above or below ground on the Malvern Hills lavatories and public conveniences with all necessary drains and works in connection therewith and may make all necessary provision for the construction use and maintenance thereof.

Update.

6 (1)

The Conservators may set apart any part or parts of the Malvern Hills adjoining or near any public road and may use any land or lands so set apart as parking places for motor cars and other vehicles for use by persons resorting to the Malvern Hills for the purpose of recreation and enjoyment and may provide and maintain all necessary equipment in connection therewith and may make regulations as to the use of such parking places and a copy of any such regulations shall be exhibited on or near any parking place to which the regulations relate and may make such reasonable charges for the use of such parking places as they may from time to time determine.

(2)

In this section the expression “parking places" means places where vehicles or vehicles of any particular class or description may wait.

7.

Repealed by s 8 1995 Act and replaced with:

“7 Power to grant easements

(1)Subject to subsection (5) below, the Conservators may grant upon such terms and conditions and for such a period as they think fit easements, rights, privileges or licences in, under or over the Malvern Hills for the provision of public or private underground or overground services relating to water, electricity, gas, oil, telecommunications, drainage and sewerage:

Provided that it shall be a term of any such grant that the surface of any part of the Malvern Hills that may be disturbed in connection with the exercise of any easement, right, privilege or licence so granted shall be restored as soon as practicable by and at the expense of the person to whom the easement, right, privilege or licence is granted.

(2)Subject to subsection (3) below, the Conservators may with the consent of the owner exercise the powers of this section in relation to any land forming part of the Malvern Hills not owned by them as though they were the owners of that land.

.

(3)The consent of the owner under subsection (2) above shall not be required in any case where the owner is not known.

(4)For the purposes of this section and section 7A below the owner of land is not known where after diligent enquiry the Conservators are unable to discover his identity.

.

(5)(a)The Conservators shall not exercise the powers of this section for the provision of any service, other than a temporary service, overground unless—

.

(i)in the opinion of the Conservators it is not reasonably practicable for the service to be other than overground;

(ii)the service is to be provided to a domestic property in existence at the time of the passing of this Act; and

(iii)in the opinion of the Conservators and the local planning authority the provision of the service overground is reasonable.

Proposed to amend or delete requirement to seek the opinion of the local authority – see consultation requirement.

(b)The Conservators shall not exercise the powers of this section for the provision of any service overground except by way of determinable licence.

7A Access roads

(1)Subject to subsection (2) below, the Conservators may on such terms and conditions as they think fit (including terms and conditions as to the provision and maintenance of cattle grids and other works) authorise in writing any person to construct, maintain, alter or improve roads or ways over the Malvern Hills affording vehicular or other access from any highway to land being land lying within or adjacent to any part of the Malvern Hills and appearing to the Conservators to lack satisfactory access.

(2)In granting authorisation under subsection (1) above the Conservators shall have regard to the effect of the works being so authorised on the natural aspect of the Malvern Hills and shall impose such terms and conditions as are necessary to ensure that any adverse effect is minimised.

(3)The Conservators may, on such terms and conditions as they think fit, for the purpose of or in connection with the provision of roads or ways, grant licence to use and grant easements and rights in, under or over lands forming part of the Malvern Hills and on which roads or ways are authorised to be constructed pursuant to subsection (1) above.

(4)Subject to subsection (5) below, the Conservators may with the consent of the owner exercise the powers of this section in relation to any land forming part of the Malvern Hills not owned by them as though they were the owners of that land.

(5)The consent of the owner under subsection (4) above shall not be required in any case where the owner is not known.”

.

8

Subject to the provisions of this Act the Conservators may with the consent in writing of the Minister of Agriculture and Fisheries sell lease exchange or absolutely dispose of free from any rights or restrictions any part or parts of the Malvern Hills set out in the schedule to this Act upon such terms and conditions subject to the consent of the said Minister as they shall deem expedient: Provided that all moneys received by the Conservators in connection with the said transactions or any of them shall be paid into a special fund and applied by the Conservators as occasion offers in the purchase of other land or lands on or adjacent to the Malvern Hills such other land or lands on completion to become and be for all purposes part of the Malvern Hills: Provided also that notwithstanding any sale lease exchange or disposal by the Conservators of the part of the Malvern Hills set out in the schedule to this Act and known as Belle Vue Island Belle Vue Terrace Malvern to any person other than the council no buildings shall at any time be erected on the said part of the Malvern Hills so sold leased exchanged or disposed of without the consent in writing of the council.

Delete parts which no longer apply (Belle Vue island)

9 (1)

For the purpose of adjusting defining or improving the boundaries of the Malvern Hills the Conservators may by agreement and with the consent of the Minister of Agriculture and Fisheries sell or exchange any part or parts of the Malvern Hills to the extent in the case of any one sale or exchange not exceeding one quarter of an acre:

Update as appropriate.

Provided in the case of an exchange that the consent of the Minister shall not be given unless he is satisfied that in the place of the land proposed to be exchanged other land not less in area and equally advantageous to the persons (if any) entitled to commonable rights and to the public is offered in exchange and provided also in the case of a sale that all moneys received in respect thereof shall be dealt with as specified in the first proviso to the preceding section of this Act.

As above.

(2)

The Conservators shall give notice by advertisement in two local newspapers whenever they shall apply to the Minister of Agriculture and Fisheries for his consent to any sale or exchange under this section and such notice shall state the time and place to which any objections in writing may be sent to the said Minister.

As above.

10 (1)

For the regulation and protection of the Malvern Hills the Conservators may make byelaws for any of the following purposes (that is to say):-

(a)

For prohibiting any enclosure of any part of the Malvern Hills or the erection of any unauthorised building shed tent or other structure thereon and for preventing any interference with the rights of common or commonable rights existing on or over the Malvern Hills;

.

(b)

For prohibiting or regulating the placing on the Malvern Hills of any photographic cart or of any show exhibition swing roundabout or other like thing and for authorising an officer of the Conservators to remove from the Malvern Hills anything placed thereon in contravention of the byelaws;

(c)

For regulating games to be played and other means of recreation to be exercised on the Malvern Hills and assemblages of persons thereon;

(d)

For prohibiting any person without lawful authority from turning out or permitting to remain on the Malvern Hills any cattle sheep pigs goats or other animals and for authorising an officer of the Conservators to remove therefrom any cattle sheep pigs goats or other animal being thereon in contravention of the byelaws or suffering from disease;

(e)

For preventing any unlawful digging or taking of stone gravel or clay or cutting or taking of turf or sods or other injury to the Malvern Hills or the growth or produce thereof;

(f)

For regulating the user and enjoyment of any rights of common or commonable rights in accordance so far as may be with the ancient customs of the forest of Malvern or other customs under which such rights are enjoyed;

(g)

For prohibiting any person from placing or depositing and leaving without lawful authority any glass china earthenware tin carton or paper or other refuse or litter on the Malvern Hills so as to affect or tend to affect injuriously the public amenities thereof;

(h)

For preventing nuisances and for the preservation of order;

(i)

For authorising an officer of the Conservators after due warning to remove or exclude from the Malvern Hills any person who within his view commits an offence against the byelaws made under the Malvern Hills Acts;

(j)

For prohibiting the hindrance or obstruction of an officer of the Conservators in the exercise of his powers or duties under the Malvern Hills Acts or under any byelaws made thereunder.

(k)

For preventing or regulating vehicles, including cycles, being parked, driven or ridden on any part of the Malvern Hills not set apart for that purpose; and for regulating the use of parking places on any part of the Malvern Hills set apart for parking;

(2)

Provided that nothing contained in this section or any byelaw made thereunder shall prejudice or affect (except as provided by paragraph (f) of subsection (1) of this section) or take away any rights of common or commonable rights which are exercisable by any person.

(3)

From and after the passing of this Act the power of making byelaws with regard to any of the above-mentioned matters or things contained in sections 10 and 12 of the Act of 1884 is hereby repealed.

“(4) Before making any byelaws under this section the Conservators shall give notice to and consult the Central Council of Physical Recreation.

Proposed to consult to see whether consultation still required.

(5) Subsections (3) to (8) and (11) of section 236 and section 238 of the [1972 c. 70] Local Government Act 1972 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Conservators under this section as if the Conservators were a local authority and the Clerk to the Conservators were the proper officer (within the meaning of the said Act of 1972) of that local authority but, subject to subsection (6) below, the Secretary of State may confirm the byelaws with such modifications as he thinks fit.

(6) Where the Secretary of State proposes to make a modification which appears to him to be substantial, he shall inform the Conservators and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Conservators and by other persons who have been informed of it.

(7) Byelaws made by the Conservators under this section may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale and, in the case of a continuing offence, a daily fine not exceeding one-tenth of the amount which is equivalent to that level.

(8) Nothing in subsection (5) above shall affect the continuance in effect of the byelaws of the Conservators made on 11th November 1982 and which came into force on 19th January 1983, and byelaw 36 thereof (which relates to fines for offences) shall have effect as from the passing into law of the Malvern Hills Act 1995 as if for the words “twenty pounds” there were substituted the words “level 2 on the standard scale” and for the words “two pounds” there were substituted the words “one-tenth of the amount which is equivalent to that level”.

To be updated.

Provided that the amendment so made to the said byelaw 36 shall not have effect in relation to any offence committed before the passing into law of the Malvern Hills Act 1995.”.

[Added by s 13 MHA 1995]

11

Notwithstanding anything contained in this Act the following provisions shall apply and have effect for the protection of the council except so far as may be otherwise agreed in writing between the council and the Conservators (that is to say) :-

Delete - obsolete

(1)

The Conservators shall lease to the council for the term of ten years at an annual rent of one shilling the part of the Malvern Hills which is set out in the schedule to this Act and therein referred to as "Belle Vue Island Belle Vue Terrace Malvern" and the council may at any time during such term of ten years on giving three months notice in writing require the Conservators to sell to them and thereupon the Conservators shall sell to the council the said part of the Malvern Hills for such price as may be determined by arbitration under the Lands Clauses Acts:

Delete - obsolete

(2)

Before selling leasing exchanging or disposing of the part of the Malvern Hills set out in the schedule to this Act and therein referred to as "Edith Walk and the lands adjoining in Malvern" to any persons other than the council the Conservators shall give notice in writing to the council of their intention so to do and if within a period of three months after the receipt of such notice the council shall give notice in writing to the Conservators that they desire to purchase or take a lease of the said part of the Malvern Hills the Conservators shall sell or lease (as the case may be) to the council the said part of the Malvern Hills for such price or at such rent and on such terms as may be determined by arbitration (in the case of purchase) under the Lands Clauses Acts and (in the case of lease) under the Arbitration Act 1889:

Delete - obsolete

(3)

Before selling or exchanging the part of the Malvern Hills set out in the schedule to this Act and therein referred to as "St. Ann’s Well" to any person other than the council the Conservators shall give notice in writing to the council of their intention so to do and if within three months after the receipt of such notice in writing to the Conservators that they desire to purchase the said part of the Malvern Hills the Conservators shall sell to the council the said part of the Malvern Hills for such price as may be determined by arbitration under the Lands Clauses Acts:

Update as appropriate.

(4)

The Conservators shall not exercise the powers conferred upon them by paragraphs (d) (e) (f) and (g) of the section of this Act of which the marginal note is "Powers exerciseable over the Malvern Hills" (s4) or the powers conferred upon them by the sections of this Act of which the marginal notes are "Provision of lavatories" and "Parking places for vehicles" (s5 & 6) in relation to any land belonging to the council without the consent in writing of the council:

Believed to be obsolete as land under the Trust’s jurisdiction is owned by MHDC.

(5)

The Conservators shall not in the exercise of any of the rights or powers conferred upon them by this Act do any act or thing which may injuriously affect any reservoir or waterworks of the council or any of the lines of pipes or works of any description in connection therewith.

Not clear whether this is still required.

12

For the protection of the Pyx Granite Company Limited (in this section referred to as "the company ") the following provisions shall unless otherwise agreed in writing between the company and the Conservators have effect (that is to say)

Obsolete

Nothing in this Act or in any byelaw made thereunder shall:

Obsolete

(a)

confer upon the Conservators or any officer of the Conservators any powers or jurisdiction with reference to the company or their undertaking property or rights; or

(b)

in any manner prejudice affect or interfere with the said undertaking property or rights.

Obsolete

13

Nothing in this Act contained shall prejudice or affect the property rights or interests of the Great Western Railway Company.

See consultation document.

14

Nothing in this Act shall in any way prejudice or affect any right or power of the Shropshire Worcestershire and Staffordshire Electric Power Company under the Bromyard and Ledbury Rural Electricity Special Order 1929 to place electric lines or works upon or over the Malvern Hills or any part thereof.

See consultation document.

15

Nothing in this Act authorises the Conservators to demolish or remove in whole or in part structurally alter or make additions to any ancient monument as defined by the Ancient Monuments Consolidation and Amendment Act 1913 without the consent in writing of the Commissioners of Works first had and obtained.

Update as appropriate.

16

Notwithstanding anything contained in this Act the following provision for the protection of Edward Albert Berry or the owner for the time being of the British Camp Hotel shall unless otherwise agreed in writing apply and have effect (that is to say):-

Update as appropriate – see consultation document.

No stall for the purpose of purveying food or other refreshments to the public shall be erected on the Malvern Hills within a radius of three hundred yards from the centre point in the highway opposite to the southern corner of the building known as the British Camp Hotel.

Update as appropriate.

17

Nothing contained in this Act or to be done under the authority thereof shall in any manner affect the title to any of the subjects or any rights powers or authorities reserved by certain letters patent of the twelfth day of May in the seventh year of the reign of His late Majesty King Charles the First and belonging to or exerciseable on behalf of His present Majesty His heirs or successors or affect prejudicially any estate right power of privilege or exemption of the Crown.

Update as appropriate.

18

The costs charges and expenses of the Conservators preliminary to and of and incidental to the preparing applying for obtaining and passing of this Act shall be paid by the Conservators out of any moneys for the time being in their hands or out of moneys to be borrowed by them under the provisions of the Malvern Hills Act 1924.

The SCHEDULE referred to in the foregoing Act.

Approximate Area

All areas disposed of except St Anne’s Well

1

(1)

This Act may be cited as the Malvern Hills Act 1995.

(2)

The Malvern Hills Acts 1884 to 1930 and this Act may be cited together as the Malvern Hills Acts 1884 to 1995.

Update as appropriate.

2

Interpretation

In this Act:

Updated definitions as required.–

“the Act of 1884” means the [1884 c. clxxv.] Malvern Hills Act 1884;

“the Act of 1909” means the [1909 c. xxxvii.] Malvern Hills Act 1909;

“the Act of 1924” means the [1924 c. xxxvi.] Malvern Hills Act 1924;

“the Act of 1930” means the [1930 c. lxxii.] Malvern Hills Act 1930;

“the Board” means the Board of the Conservators;

“the Conservators” means the Malvern Hills Conservators as defined in the Act of 1930;

“domestic fowl” includes turkeys, geese, ducks, guinea fowl, peacocks and quails;

“the existing Malvern Hills” means the lands under the jurisdiction of the Conservators for the purposes of the existing Malvern Hills Acts at the time of the passing of this Act;

“the existing Malvern Hills Acts” means the Malvern Hills Acts 1884 to 1930;

“horse” includes any mare, gelding, pony, foal, colt, filly or stallion and also any ass, mule or jennet;

“the Malvern Hills” means the lands from time to time under the jurisdiction of the Conservators for the purposes of the Malvern Hills Acts;

“the Malvern Hills Acts” means the Malvern Hills Acts 1884 to 1930 and this Act.

3

Provision of refreshment facilities

(1) (a)

In the event of damage to or the destruction of the building known as St. Anne’s Well the Conservators may repair, reconstruct or replace that building provided that any reconstruction or replacement shall be on the site of, and of a similar size and external character to, the existing building.

(b)

The powers of this subsection shall extend in relation to any reconstruction or replacement building constructed under paragraph (a) above.

(2)

The Conservators may maintain and operate a building constructed under this section and may at such a building sell meals and refreshments and provide such services and facilities as are reasonably ancillary to the use of the building as a restaurant or cafeteria.

.

(3)

The Conservators may let a building constructed under this section and may enter into and carry into effect agreements with respect to the exercise of the powers contained in subsections (1) and (2) above by any other person including the defraying of, or the making of contributions towards, the costs of the Conservators or any other person in connection with the exercise of such powers.

4

Licensing of Stalls

The following paragraph is hereby substituted for paragraph (g) of section 4 (Powers exerciseable over the Malvern Hills) of the Act of 1930 and the provisos thereto:—

“(g)They may grant leave or licence for any period not exceeding one year upon such terms and conditions and subject to such restrictions as they think fit to any person or persons to erect, maintain and operate temporary or mobile stalls not exceeding six in all at any one time on the Malvern Hills for the purpose of purveying food and refreshment to the public, and without prejudice to the generality of the foregoing such restrictions may relate to locations on the Malvern Hills where such a stall may be erected or from where it may be operated and the display of advertisements of any kind visible from outside the stall whether relating to any trade or business carried on at the stall or not.”.

5

Provision of temporary lavatories

(1)

Subject to subsection (2) below, the Conservators may, without other sanction or authority—

(a)

place or erect temporary lavatories in such positions and places on the Malvern Hills as they think fit;

(b)

grant licence for any period not exceeding 14 days upon such terms and conditions as they think fit to any person to place or erect temporary lavatories in such positions and places on the Malvern Hills as the Conservators think fit and as may be specified in the licence.

(2)

The powers of this section may only be exercised if the temporary lavatories are to be provided in connection with an event authorised by the Conservators which in their opinion is likely to attract such a number of people onto the Malvern Hills that such facilities will be required.

(3)

Temporary lavatories placed or erected on the Malvern Hills under this section shall be removed from the Malvern Hills as soon as reasonably practicable after the event in connection with which they are provided has ended and in any case shall not remain on the Malvern Hills for a period exceeding 14 days.

6

As to disposal of land

.

(1)

Without prejudice to any other powers the Conservators have to sell, exchange, let, charge or otherwise dispose of land, and notwithstanding anything in the existing Malvern Hills Acts the Conservators may, with the consent of the Secretary of State, in respect of any land which—

(a)

is owned by them but has not been so owned for a continuous period of more than five years;

(b)

does not form part of the existing Malvern Hills;

(c)

is not registered as common land or a town or village green; and

(d)

the Conservators have not later than two years after the date of acquisition of it by them decided it is not desirable to retain for the benefit or recreation of the public as part of the Malvern Hills;

do any of the following:—

(i)

sell the whole or any part of or the whole or any part of any interest in any such land which is not required by them;

(ii)

exchange any such land which is not required by them for other land either with or without paying or receiving any money by way of equality of exchange;

(iii)

let any such land subject to such terms and conditions, covenants and arrangements as they think fit;

and the provisions of section 9 (Power to adjust boundaries) of the Act of 1930 shall not apply as respects any such sale or exchange.

(2)

Where land has become vested in the Conservators by virtue of a gift or bequest the powers conferred by this section shall not be exercisable as respects that land in any manner inconsistent with any condition attached to the gift or bequest, except with the consent of the donor or the personal representatives or trustees of the donor.

(3)

Where the Conservators exercise their powers under subsection (1) above in relation to any land by letting it, all the powers under that subsection shall continue to be available to them in relation to that land on the termination of the letting whether or not, at that termination, they have owned the land for more than five years.

7

Provision for capital and income

(1)

Capital money received by the Conservators from the sale, letting, grant or other disposal of land or interests in land under the provisions of this Act may be applied by them for any purpose for which capital money may be properly applied.

(2)

Any sums received by the Conservators from the sale, letting, grant or other disposal of land or interests in land under the terms of this Act other than capital money shall be treated as income of the Board and shall be used in defraying expenses incurred by the Conservators in the execution of their powers and duties.

8

Power to grant easements, etc

The following sections are hereby substituted for section 7 (Power to grant easements) of the Act of 1930:—

“7Power to grant easements

(1) Subject to subsection (5) below, the Conservators may grant upon such terms and conditions and for such a period as they think fit easements, rights, privileges or licences in, under or over the Malvern Hills for the provision of public or private underground or overground services relating to water, electricity, gas, oil, telecommunications, drainage and sewerage:

Provided that it shall be a term of any such grant that the surface of any part of the Malvern Hills that may be disturbed in connection with the exercise of any easement, right, privilege or licence so granted shall be restored as soon as practicable by and at the expense of the person to whom the easement, right, privilege or licence is granted.

.

(2) Subject to subsection (3) below, the Conservators may with the consent of the owner exercise the powers of this section in relation to any land forming part of the Malvern Hills not owned by them as though they were the owners of that land.

(3) The consent of the owner under subsection (2) above shall not be required in any case where the owner is not known.

.

(4) For the purposes of this section and section 7A below the owner of land is not known where after diligent enquiry the Conservators are unable to discover his identity.

(5)(a) The Conservators shall not exercise the powers of this section for the provision of any service, other than a temporary service, overground unless—

(i) in the opinion of the Conservators it is not reasonably practicable for the service to be other than overground;

(ii) the service is to be provided to a domestic property in existence at the time of the passing of this Act; and

(iii) in the opinion of the Conservators and the local planning authority the provision of the service overground is reasonable.

See 1930 Act s 7.

(b) The Conservators shall not exercise the powers of this section for the provision of any service overground except by way of determinable licence.

7A Access roads

(1) Subject to subsection (2) below, the Conservators may on such terms and conditions as they think fit (including terms and conditions as to the provision and maintenance of cattle grids and other works) authorise in writing any person to construct, maintain, alter or improve roads or ways over the Malvern Hills affording vehicular or other access from any highway to land being land lying within or adjacent to any part of the Malvern Hills and appearing to the Conservators to lack satisfactory access.

(2) In granting authorisation under subsection (1) above the Conservators shall have regard to the effect of the works being so authorised on the natural aspect of the Malvern Hills and shall impose such terms and conditions as are necessary to ensure that any adverse effect is minimised.

(3) The Conservators may, on such terms and conditions as they think fit, for the purpose of or in connection with the provision of roads or ways, grant licence to use and grant easements and rights in, under or over lands forming part of the Malvern Hills and on which roads or ways are authorised to be constructed pursuant to subsection (1) above.

(4) Subject to subsection (5) below, the Conservators may with the consent of the owner exercise the powers of this section in relation to any land forming part of the Malvern Hills not owned by them as though they were the owners of that land.

(5) The consent of the owner under subsection (4) above shall not be required in any case where the owner is not known.”.

9

Power to provide buildings for use by the conservators

(1)

The Conservators may acquire by means of purchase, lease or otherwise buildings (with or without the adjacent land) for use as their offices, for use as information centres, for the purpose of storage in connection with the carrying out of their functions and for the purpose of residential occupation by an employee of the Conservators in the interests of security of any building used by the Conservators and may furnish and equip such buildings for such purposes.

Proposed to be updated – see consultation document.

(2)

At buildings acquired under this section the Conservators may sell such goods, including books, maps, souvenirs and other goods as may be reasonably ancillary to the use of the Malvern Hills by the public for enjoyment and recreation or education.

As above.

(3)

Notwithstanding anything in subsection (1) (a) of section 6 (As to disposal of land) of this Act the Conservators may at any time sell, exchange or otherwise dispose of any buildings and land acquired under this section or (prior to the passing of this Act) section 53 of the [1847 c. 16.] Commissioners Clauses Act 1847 (power to provide offices, etc.).

As above.

(4)

Residential accommodation acquired under subsection (1) above may be made available to the employee of the Conservators on such terms and conditions as the Conservators think fit.

As above.

(5)

The Conservators may repair and maintain or reconstruct or extend buildings acquired under this section and may execute such works as may be necessary or expedient in connection with the furnishing and equipping of the buildings.

Covered by new clause 18 (modified).

(6)

The Conservators may let parts of buildings acquired under this section which parts are surplus to their requirements on such terms and conditions as the Conservators think fit.

As above.

10.

Power to borrow

(1)

The Conservators may from time to time, with the consent of the Secretary of State and upon and subject to such terms and conditions and for such period as the Secretary of State may direct, borrow by any method or methods such sums of money as may be required by them for the purposes of this Act and the Act of 1930.

Replaced by new power to borrow - see consultation document.

(2)

Money borrowed by the Conservators may be borrowed upon the security of all or any of the revenues and property of the Conservators and the Conservators may mortgage or assign over to the persons by or on behalf of whom such money is advanced the said revenues and property or any part thereof.

As above.

(3)

Notwithstanding section 101 of the [1925 c. 20.] Law of Property Act 1925 (powers incident to estate or interest of mortgage) or anything in any deed, where the Conservators mortgage or assign over to any person any relevant land after the passing of this Act under the powers of this section, or of section 11 of the Act of 1909 or section 32 of the Act of 1924 (powers to borrow), the mortgagee or, as the case may be, the assignee shall not have a power to sell the land or a power to cut and sell, or to contract for the cutting and sale of, timber or other trees on the land.

As above.

(4)

For the purposes of this section “relevant land” means the existing Malvern Hills and any other land owned by the Conservators, other than any land and buildings acquired under section 9 (Power to provide buildings for use by the Conservators) of this Act or (prior to the passing of this Act) section 53 of the [1847 c. 16] Commissioners Clauses Act 1847 (power to provide offices, etc.).

As above.

11

Amount for contingencies

Notwithstanding anything in the Act of 1884, the Act of 1909, or the Act of 1924, the Conservators may include in any precept or other demand which they may be authorised to levy or make on any local authority, or in any sum which they may request any local authority or other body to pay in any particular year, an amount for contingencies of up to 10 per cent. of the estimated expenditure for the year in respect of which the precept, demand or request is made.

.

12

Land acquisition fund

(1)

The Conservators may create and form a land acquisition fund and may in any particular year set aside, for credit to the land acquisition fund, from the general fund maintained by them such sum standing to the credit of the general fund as has been paid to them as a result of any precept or demand levied or made on any local authority or request made of any local authority or other body for the purpose of land acquisition during that year but which has not been required for such purpose provided that such sum set aside shall not exceed 5 per cent. of the total precept, demand or request for the Conservators' purposes generally including land acquisition in that year.

.

(2)

Any sums so set apart for the maintenance of a land acquisition fund may from time to time be invested in any manner prescribed for the investment of trust funds and the dividends and interest arising from such investment may also be invested in the same manner so as to accumulate at compound interest for the credit of the fund.

13

Confirmation of byelaws and fines thereunder

Section 10 (Byelaws) of the Act of 1930 is hereby amended by the addition after subsection (3) of the following subsections:—

(4) Before making any byelaws under this section the Conservators shall give notice to and consult the Central Council of Physical Recreation.

Proposed to consult to see if requirement to consult is still necessary.

(5) Subsections (3) to (8) and (11) of section 236 and section 238 of the [1972 c. 70] Local Government Act 1972 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Conservators under this section as if the Conservators were a local authority and the Clerk to the Conservators were the proper officer (within the meaning of the said Act of 1972) of that local authority but, subject to subsection (6) below, the Secretary of State may confirm the byelaws with such modifications as he thinks fit.

(6) Where the Secretary of State proposes to make a modification which appears to him to be substantial, he shall inform the Conservators and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Conservators and by other persons who have been informed of it.

(7) Byelaws made by the Conservators under this section may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale and, in the case of a continuing offence, a daily fine not exceeding one-tenth of the amount which is equivalent to that level.

(8) Nothing in subsection (5) above shall affect the continuance in effect of the byelaws of the Conservators made on 11th November 1982 and which came into force on 19th January 1983, and byelaw 36 thereof (which relates to fines for offences) shall have effect as from the passing into law of the Malvern Hills Act 1995 as if for the words “twenty pounds” there were substituted the words “level 2 on the standard scale” and for the words “two pounds” there were substituted the words “one-tenth of the amount which is equivalent to that level”:

Provided that the amendment so made to the said byelaw 36 shall not have effect in relation to any offence committed before the passing into law of the Malvern Hills Act 1995.”.

14

Further provision as to enforcement of byelaws

(1)

Where the driver of a vehicle is alleged to be guilty of an offence against any byelaw made by the Conservators which relates to the driving or parking of vehicles on the Malvern Hills—

(a)

the person keeping the vehicle shall give such information as to the identity of the driver as he may be required in writing by or on behalf of the Conservators to give; and

(b)

any other person shall, if required as mentioned in paragraph (a) above, give any information which it is in his power to give and which may lead to the identification of the driver.

.

(2)

A person who fails to comply with the requirements of subsection (1)(a) above shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, who was the driver of the vehicle; and a person who fails to comply with the requirements of subsection (1) (b) above shall be guilty of an offence.

(3)

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

15

Public Access to Malvern Hills

(1)

Subject to the provisions of the Malvern Hills Acts and compliance with all rules, regulations or byelaws relating to the Malvern Hills and for the time being in force, the public shall have a right of access to the Malvern Hills on foot and on horseback for the purpose of open-air recreation; and a person who enters on the Malvern Hills for that purpose without breaking or damaging any wall, fence, hedge, gate or other thing, or who is on the Malvern Hills for that purpose having so entered, shall not be treated as a trespasser on the Malvern Hills or incur any other liability by reason only of so entering or being on the Malvern Hills.

Proposed to update – see consultation document.

(2)

A person entering upon the Malvern Hills in accordance with subsection (1) above is not, for the purposes of the [1957 c. 31.] Occupiers' Liability Act 1957, a visitor of any occupier of the Malvern Hills.

As above.

(3)

Nothing in this section shall prejudice or affect the exercise of powers under any enactment whereby access to the Malvern Hills may be regulated or prohibited; and, subject to subsections (4) and (6) below, the Conservators may by notices posted in such places on the Malvern Hills as they think fit regulate or prohibit for such period as may be reasonably necessary access by all, or any part of, the public to any part of the Malvern Hills—

(a)

after consultation with the Historic Buildings and Monuments Commission for England, for the protection, so far as is reasonably necessary, of any ancient monument or any area of archaeological or historical interest;

Proposed update in relation to consent – see consultation document.

(b)

for the protection and restoration of the natural beauty of the Malvern Hills and their suitability for rough grazing or recreation;

(c)

for the preservation of trees on the Malvern Hills;

.

(d)

if advised by the Nature Conservancy Council for England that regulation or prohibition of access would be desirable in the interests of protection or preservation of flora or fauna or any area of scientific interest on the Malvern Hills, for such protection or preservation, so far as is reasonably necessary;

Proposed update in relation to consent – see consultation document

(e)

after consultation with the chief officer of police and the chief fire officer of the fire authority, for the prevention of the risk of fire on the Malvern Hills;

.

(f)

for the prevention of accidents or injury or other damage to health at any place, which is in the opinion of the Conservators a source of danger, on the Malvern Hills;

and notwithstanding anything in the existing Malvern Hills Acts, the Conservators may post such notices and for the purposes of paragraphs (a), (b), (c), (d) and (f) above, may fence and enclose parts of the Malvern Hills for so long as may appear necessary for the attainment of the purposes of the regulation or prohibition of access; and during the currency of any such regulation or prohibition the right of access of the public shall be subject to the regulation or prohibition.

.

(4)

In exercise of the powers of paragraphs (e) and (f) of subsection (3) above the Conservators may regulate or prohibit access by the public to, over or along any footpath or bridleway on or over the Malvern Hills but the Conservators shall not in exercise of the powers of paragraphs (a) to (d) of that subsection regulate or prohibit such access.

Definition of “access” to be included.

(5)

A notice posted in accordance with this section shall include a statement of the reasons for that regulation or prohibition and of its duration.

(6)

Nothing in subsection (3) above shall authorise the Conservators to regulate or prohibit access to any part of the Malvern Hills by any person bona fide going to or from any land which is accessible only over that part of the Malvern Hills.

(7)

Except in case of emergency or in any case where the regulation or prohibition of access is for a period not exceeding 28 days, the Conservators shall, before exercising any of the powers conferred on them by subsection (3) above, consult with the Central Council of Physical Recreation and at least one local association, authority or other body having a substantial interest in the area to be affected by the exercise of those powers and the use of the Malvern Hills for recreational purposes.

Propose to consult on whether it should be necessary to obtain the consent of the Central Council of Physical Recreation. See consultation document.

(8)

Except in case of emergency or in any case where the regulation or prohibition of access is for a period not exceeding 28 days, not less than 28 days before in any case exercising the powers of paragraph (a), (b) or (c) of subsection (3) above, the Conservators shall give notice by advertisement of the proposed regulation or prohibition of access by the public, its intended duration and the reasons for which it is proposed to be made and stating that written representations relative thereto may be notified to them within 28 days after the date of the publication of the notice, and, before giving effect to their proposals for regulating or prohibiting access, the Conservators shall consider all representations so made.

(9)

The notice required by subsection (8) above shall be given in one or more newspapers which individually or together circulate throughout the county of Hereford and Worcester.

(10)

The Conservators shall, on or before the date on which it is published, send a copy of any notice which is to be published in pursuance of subsection (8) above during a specified period, of a specified description and relating to land comprised in a specified area to any person who has previously—

Proposed to delete – see consultation document.

(a)

requested the Conservators to send him copies of all such notices as so specified; and

As above.

(b)

paid to the Conservators such reasonable charges as the Conservators may have specified.

As above.

(11)

The Conservators may make byelaws providing that any person who, without reasonable excuse, contravenes a notice posted under subsection (3) above shall be guilty of an offence and subsections (4) to (7) of section 10 (Byelaws) of the Act of 1930 shall apply to byelaws made under this subsection as if references in the said subsections (4) to (7) to “this section” included references to this subsection.

(12)

Where the Conservators have exercised their powers under subsection (3) above they shall—

(a)

review any continuing regulation or prohibition of access no later than one year after the regulation or prohibition was first implemented and thereafter at intervals of no more than a year;

(b)

in the case of a continuing regulation or prohibition of access under paragraph (e) of that subsection, review that regulation or prohibition no later than two months after the regulation or prohibition was first implemented and thereafter at intervals of no more than two months;

(c)

describe the nature and extent of the exercise of the powers in the form of an annual written report, copies of which shall be made available at the offices of the Conservators and a copy of which shall be delivered to all local authorities within whose areas the Malvern Hills lie.

Proposed to delete – see consultation document.

16.

Regulation of horse-riding on the Malvern Hills MH

(1)

If, in the opinion of the Conservators, it is necessary to do so to preserve the natural aspect of the Malvern Hills, or to prevent the injury or disfigurement thereof, or to protect the use of the Malvern Hills as an open space for the recreation and enjoyment of the public, they may from time to time

(a)

by notices or direction signs posted at such places on the Malvern Hills as they think fit, restrict or prohibit the riding or exercising of horses on the Malvern Hills or any part or parts of the Malvern Hills for such period as may be reasonably necessary; and

(b)

give directions to the owners of horses which are, or are intended to be, let to members of the public for hire or reward as to the tracks on the Malvern Hills which those horses may use, whilst being so let, and those owners shall take all reasonable steps to ensure that only those tracks are so used.

(2)

The Conservators may make byelaws providing that any person who, without the authority of the Conservators and without reasonable excuse, contravenes a notice or direction sign posted in pursuance of paragraph (a) of subsection (1) above or, without reasonable excuse, fails to comply with a direction given under paragraph (b) of the said subsection shall be guilty of an offence and subsections (4) to (7) of section 10 (Byelaws) of the Act of 1930 shall apply to byelaws made under this subsection as if references in the said subsections (4) to (7) to "this section" included references to this subsection.

(3) (a)

Nothing in this section shall authorise the Conservators to restrict or prohibit the lawful use of any bridleway shown on the definitive map and statement for any area of the county of Hereford and Worcester which includes any part of the Malvern Hills.

(b)

In this subsection "bridleway" shall have the meaning given by section 66 of the Wildlife and Countryside Act 1981 and "definitive map and statement" means the definitive map and statement operative under Part III of that Act.

.

17

Designated Ways

1

The Conservators may designate ways on the Malvern Hills suitable for the riding or exercising of horses and any way so designated shall be marked in such manner as shall, in the opinion of the Conservators, be necessary to give notice of the designation.

.

2.

A designation of a way as suitable for the riding or exercising of horses may from time to time be varied or rescinded by the Conservators.

3

The Conservators shall consult with the Central Council of Physical Recreation

Proposed to check whether consultation is considered appropriate.

(a)

before designating a way under subsection (1) above where the Conservators propose that the designation should have effect for a period exceeding six months; and

(b)

before extending any designation of a way, or making a successive designation, such that the total duration of the period for which the way will be designated will exceed six months.

..

18

New Ways

1

The Conservators may, after consultation with the Central Council of Physical Recreation, make and maintain new ways and facilities on the Malvern Hills for the riding or exercising of horses and shall have power to make reasonable charges for the use of such new ways and facilities.

Proposed to repeal this section – see consultation document

2

Charges made under this section shall be computed by reference to

As above.

(a)

the reasonable cost of the construction and maintenance of the new ways and facilities; and

As above.

(b)

the reasonable cost of the regulation of the use of the new ways and facilities.

As above.

3

The amount raised by any charges made under subsection (1) above shall be wholly applied by the Conservators in undertaking the activities referred to in that subsection

As above.

4

Charges made under subsection (1) above may make different provision for different cases or circumstances.

As above.

19

Seizure of Stray Animals

(1)

The Conservators may seize and impound any animal to which this section applies, which is on the Malvern Hills in contravention of any byelaw duly made by the Conservators.

(2)

The Conservators shall, within 24 hours after impounding any animal under this section, give notice of the impounding to the officer in charge of a police station and also to the owner of the animal if his identity be known to them or can reasonably be ascertained.

(3)

The Conservators shall

(a)

keep a register of all animals seized by them under this section containing a brief description of each animal, the date of seizure and a statement as to whether the animal was sold or otherwise disposed of or destroyed;

(b)

make the register available for public inspection at all reasonable times.

(4)

If after seven clear days from the date of impounding the owner has not claimed an animal and paid all expenses incurred in seizing, impounding and maintaining it, the Conservators may sell or otherwise dispose of the animal otherwise than by destruction, and if after 14 clear days from the said date the owner has not claimed the animal and paid all such expenses the Conservators may destroy the animal in a manner to cause as little pain or distress as possible.

(5)

Whilst any animal is impounded by the Conservators under this section the Conservators shall cause it to be properly fed and maintained.

(6)

If any sums received on disposal of the animal are less than the expenses of the Conservators in seizing and maintaining the animal the Conservators may recover from the owner of the animal the difference.

(7)

Where the Conservators dispose of any animal under subsection (4) above, they shall be accountable to the owner of the animal for any money arising from the disposal after deducting all expenses incurred by reason of its seizure, impounding, maintenance and disposal; but nothing in this subsection shall render the Conservators so accountable if they have accounted to any other person whom they reasonably believed to be the owner.

(8)

The animals to which this section applies are cattle, horses, sheep, goats, pigs and domestic fowl.

Some additional clauses proposed – see consultation document.

20

Removal of Placards and abandoned machinery and vehicles

(1)

The Conservators may remove bills, placards and signs posted or placed on any wall, railing, fence, tree, lamp post, walk, pavement or seat or elsewhere within the Malvern Hills and any other articles or things, including without prejudice to the generality of the foregoing, farm machinery placed or left on the Malvern Hills without proper authority or in contravention of any byelaw duly made by the Conservators or which appears to the Conservators to have been abandoned.

(2) (a)

This subsection applies in relation to items removed under subsection (1) above other than vehicles.

(b) (i)

On removal the Conservators shall impound such items as are capable of impoundment in a convenient place and if on expiry of a period of 14 days beginning with the day of removal the owner has not claimed the item and paid all expenses incurred by reason of its removal, impoundment and storage the Conservators may dispose of the item in such a manner as they think fit.

(ii)

In the case of farm machinery the Conservators shall give notice of the impounding to the officer in charge of a police station and also to the owner of the machinery if his identity be known to them or can reasonably be ascertained and shall not dispose of it in accordance with sub-paragraph (i) above until the expiry of a period of 28 days beginning with the day of removal.

(3) (a)

In the case of vehicles, the power of removal under this section applies only to relevant vehicles.

(b)

Not less than 7 days before removing a relevant vehicle the Conservators shall cause to be affixed to the vehicle a notice stating that they propose to remove it when that period expires for disposal pursuant to subsections (5) and (6) below.

(4)

On removal the Conservators may impound a relevant vehicle in a convenient place and on such impoundment shall give notice of the impounding to the officer in charge of a police station and also to the owner of the vehicle if his identity be known to them or can reasonably be ascertained.

(5)

Subject to the following provisions of this section, the Conservators may, in such manner as they think fit, dispose of a relevant vehicle which has been removed under this section.

(6)

The time at which the Conservators may dispose of a vehicle under subsection (5) above is as follows:

(a)

in the case of a motor vehicle on which no current licence was displayed at the time of its removal, any time after its removal;

(b)

in the case of a motor vehicle on which a current licence was so displayed, any time after the licence expires;

(c)

in the case of a vehicle other than a motor vehicle, any time after the expiration of a period of 28 days beginning with the day of removal.

(7)

If, before the vehicle is disposed of by the Conservators in pursuance of subsections (5) and (6) above, the vehicle is claimed by a person who satisfies the Conservators that he is its owner and pays the Conservators all expenses incurred by reason of its removal, impoundment and storage, the Conservators shall permit him to remove the vehicle from their custody within the prescribed period.

(8)

If in the case of any vehicle it appears to the Conservators that more than one person is or was its owner at the relevant time, such one of them as the Conservators think fit shall be treated as its owner for the purposes of subsection (7) above.

(9)

The Conservators shall, in relation to the disposal, give to such persons as are prescribed by regulations under subsection (7) of section 101 of the Act of 1984 such information as is so prescribed, as if the Conservators were a competent authority within the meaning of that section and the disposal were a disposal in pursuance of that section.

(10)

For the purposes of this section

"the Act of 1984" means the Road Traffic Regulation Act 1984;

"licence", "owner" and "vehicle" have the same respective meanings as in section 101 of the Act of 1984 and "motor vehicle" has the same meaning as in section 136 of that Act;

"prescribed period", in relation to removal of a vehicle from the Conservators custody, means the period commencing on the day on which the Conservators became satisfied that the person claiming the vehicle was its owner and ending on the expiration of the seventh day after that day, or at the time when the vehicle is disposed of, whichever is the later;

"relevant vehicle" means a vehicle which appears to the Conservators to be abandoned on the Malvern Hills and which, in the case of a motor vehicle, is in their opinion in such a condition that it ought to be destroyed.

See consultation document for proposals in relation to vehicles which are not “relevant vehicles”

21

Law of Property Act

(1)

Subsection (4) of section 194 of the Law of Property Act 1925 (restrictions on the enclosure of commons) shall not operate to disapply the other provisions of that section from any building or fence erected or work constructed under or by virtue of this Act.

Delete – (section 194 of the Law of Property Act 1925 was repealed by the Commons Act 2006).

(2)

For the purposes of the said section 194, land to which this Act applies which is registered under the Commons Registration Act 1965 shall be deemed—

(a)

to have been subject to rights of common at the commencement of the said Act of 1925; and

(b)

to remain subject to section 194 notwithstanding any express or implied extinguishment of rights of common since that date.

22

Local Inquiries

(1)

The Secretary of State may cause such local inquiries to be held as he may consider necessary for the purpose of any of his functions under this Act.

.

(2)

Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply in relation to any such inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the Conservators were a local authority.

23

Display of Advertisements

For the purposes of Regulation 6 of, and Class 1A of Schedule 3 to, the Town and Country Planning (Control of Advertisements) Regulations 1992 the Conservators shall, as respects their functions under sections 15 to 17 of this Act, be deemed to be a local authority.

.

24

Savings for town and county planning T & C P

Any development authorised by this Act shall not be deemed for the purposes of the Town and Country Planning General Development Order 1988 (or any general order superseding that order made under section 59 of the Town and Country Planning Act 1990, or any corresponding provision of an Act repealing that section), to be development authorised by an Act which designates specifically both the nature of the development and the land upon which it may be carried out.

.

25

For the protection of the British Railways road

Nothing in this Act shall prejudice or affect the property or rights of the British Railways Board.

. See consultation document.

26

Application of certain enactments

The enactments specified in column 1 of Schedule I to this Act shall apply to the Conservators in the manner specified in column 2 of that Schedule.

27

Amendments and repeals

(1)

The provisions of the Act of 1884 specified in column 1 of Part I of Schedule 2 to this Act are hereby amended as specified in column 2 of that Part.

(2)

The provisions of the Act of 1924 specified in column 1 of Part II of Schedule 2 to this Act are hereby amended as specified in column 2 of that Part.

(3)

The provisions of the Act of 1930 specified in column 1 of Part III of Schedule 2 to this Act are hereby amended as specified in column 2 of that Part.

(4)

The provisions of the existing Malvern Hills Acts specified in Schedule 3 to this Act are hereby repealed to the extent therein specified.

SCHEDULES

SCHEDULE 1

No longer required – new provisions in Chapters 6-7 of Part 1.

Update.

SCHEDULE 2

PART I

PROVISIONS OF THE ACT OF 1884 AMENDED

PART II

PROVISIONS OF THE ACT OF 1924 AMENDED

.

PART III

PROVISIONS OF THE ACT OF 1930 AMENDED

SCHEDULE 3

Repeals