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Frequently asked questions

On proposed changes to the Malvern Hills Acts

Below are some frequently asked questions about the Bill. 

We’ve also provided some simple facts in response to incorrect claims in the  ‘myth-busters’ section. 

For a general summary of the reasons why the Bill is important and what it aims to achieve, please read the facts about the Malvern Hills Bill.

1. Why are you proposing to make changes to the Malvern Hills Acts?

The Trust is a charity governed by the Malvern Hills Acts 1984 – 1995 and by other legislation referred to in those Acts, some of it dating back to 1847.  The only way the Trust can update the Malvern Hills Acts is by private Act of Parliament. 

It is becoming increasingly difficult for the Trust to work within the outdated framework of the Malvern Hills Acts, particularly in the light of the forthcoming restructuring of local government in Worcestershire.  The Trust needs to update its governance to enable it to operate effectively in the future.   

Some of the main reasons for updating the Acts are: 

  • The Acts refer to old Acts of Parliament which are no longer in force and to local government bodies which no longer exist 
  • Some of the language is outdated and hard to understand 
  • The Acts have been amended on a piecemeal basis over the years, meaning that different provisions relating to the same topic can be scattered through the different parts of the Acts.  For example, there are 3 different powers to borrow as well as administrative provisions relating to mortgages in the Commissioners Clauses Act 1847.   
  • The Trust needs to be able to deal with practical situations which were not envisaged when the Acts were written 
  • Some sections of the Acts no longer serve any purpose 
  • The Trust needs a small number of extra powers so that it can work more effectively 
  • The Trust cannot comply with current recommendations for good governance of charities.  For example, the Board of 29 is too big for effective decision making.  There are more trustees than members of staff 
  •  There is no way of ensuring that trustees appointed to the Board have the relevant skills, experience and knowledge (see Charity Governance Code) to run the charity 

As well as making changes, much of the Bill updates and restates the important parts of the existing Acts within a single document, putting them in a logical order.  The creation of one piece of legislation, bringing all the elements together, was a recommendation made by the House of Lords when the 1995 Act was passing through Parliament. 

Government proposals to restructure local government in Worcestershire to create two new unitary authorities in 2028 make it even more important that the Trust’s legislation is updated. 

The Trust (the working name of Malvern Hills Conservators) was set up by Act of Parliament in 1884, and the only way changes can be made is through the Parliamentary process.  This has happened before.  Since the first Act in 1884, there have been four further Acts in 1909, 1924, 1930 and 1995. 

The Trust looked at all the possible options.  A private bill is the only way to make the changes. The Trust applied to the Charity Commission for consent under section 74 Charities Act and permission was granted. 

Private bills are subject to full Parliamentary scrutiny.  However, unlike public bills which apply to the whole country, private bills change the law only as it applies to a specific organisation or places. They should not be confused with a ‘Private Members bill’ which is usually a public bill introduced by an MP who is not a government minister. 

The Trust’s purposes have always been entirely charitable in nature. The Acts describe these purposes as “duties”.  In 1984, the Trust registered with the Charity Commission (charity number 515804) when it became compulsory for all charities to do so. 

There is no single definition of “public body” for all legal purposes, and the Malvern Hills Acts do not refer to the Trust as a ‘public body’ or ‘public authority’. The Government has twice been asked in the House of Lords whether it considers the Trust to be a public body. On both occasions, the answer was no. 

The Trust is a statutory corporation incorporated by a private Act of Parliament.  This means it is a legal entity, able to own and manage property.   The Trust became a registered charity in 1984, as required under the Charities Act 1960 (section 4(4)), which required the majority of charities in England and Wales to be added to a register of charities. 

Like some other charities (for example the National Trust), the Trust does exercise certain ‘public functions’.  Some Acts of Parliament contain definitions which apply for the purposes of that specific Act only, so the definition within any piece of legislation has to be considered on a case by case basis.   

No, the Trust’s purposes will remain the same. The Trust will continue to look after the Hills and commons to keep them open, unenclosed and unbuilt on for public recreation. 

At the moment, these duties are found in different places within the Malvern Hills Acts. The Bill brings them together in clause 6. This makes it clear that protecting the landscape, including biodiversity, geology and archaeological features, remains a core purpose of the Trust. 

As a body governed by statute, the Trust can only do the things that are permitted under the Acts or which can be implied.  It is often not clear what the Trust can and cannot do. 

Many local government bodies and charities have a general power that allows them to do anything lawful that helps them carry out their purposes. Without a power like this, even small changes to the environment in which the Trust operates could mean having to go back to Parliament and ask for a new power.  No one would want to repeat the very expensive, slow and inefficient process again. 

The Bill includes all the issues that the Trust can already foresee, but no one can predict every future change, such as new technology or new ways people use the land. A general power would help “future proof” the Trust.  

The Trust listened to public concerns about the general power.  As a result, its use has been very tightly limited in the Bill.  It cannot be used to get round restrictions that are specified elsewhere in the Bill. For example, it could not be used to sell land or to change the power to levy. 

The Malvern Hills Bill Select Committee report (para 173) says “It is plain that this clause…. when read with its qualifications, is in reality a careful piece of forward planning which will be of benefit to the Trust in furtherance of its objects.  It is not an unrestricted power with no safeguards.”  

Any concern that the general power had been misused could be referred to the Charity Commission, which regulates the Trust, or to the courts. 

There are no changes in the Bill to the Trust’s existing powers to sell land.  With very limited exceptions, the Trust cannot sell land it owns over which the public have access. 

The Trust can sell land which it has bought to use as offices or working or storage space, for example its offices at Manor House.  This power has existed since 1884.  

There will be no change. The powers to grant easements are set out in the Malvern Hills Act 1930 as updated by the Malvern Hills Act 1995. The Malvern Hills Bill simply carries these powers forward. 

Planning decisions regarding new buildings or development are made by Malvern Hills District Council (South Worcestershire unitary authority from 2028) and Herefordshire Council. Malvern Hills Trust does not make planning decisions. 

No, there are no changes to the levy paying area. 

No.  The general power could not be used to increase the levy.  The maximum amount of the levy is governed by the Levying Bodies (General) Regulations 1992. 

Yes, commoners’ rights are protected by separate legislation and will not be affected.

The current Malvern Hills Acts contain protection for trees planted by the Trust, limiting the right of estovers in relation to those trees.  The Bill repeats these protections and makes it clear that they apply to trees planted by the Trust on any of its land.   

Yes. Public access to the land managed by the Trust will stay the same. People will still be able to access the land on foot and on horseback, as they can now.

Securing the grazed commons will not stop public access. It will help grazing continue, which supports the Trust’s purposes and helps maintain the land as open space and protect important plant communities. 

The Charity Governance Code suggests that a charity board should usually have at least five and no more than twelve trustees. Research has shown that the optimum number for good decision making is seven. The current Acts allow for 29 trustees. This means the Trust has more trustees than employees. 

A board this large creates extra work for staff and can make decisions slower and less efficiently. Reducing the size of the Board should help the Trust work more effectively. 

People who pay the levy will still elect some of the trustees.  Although the Board would be smaller, the share of elected trustees would increase. Under the current arrangements, elected trustees make up 38% of the Board. Under the proposals, they would make up 66%. 

People who live in the wider local area will also be able to stand for election or apply to be appointed to the Board. These changes should help the Trust attract a wider range of trustees.

The Trust, like other charities, needs a board with the right mix of skills and backgrounds to manage the charity well. The average age of current board members is 71, and there are only five women. The proposals would allow more people to apply and be considered because of their relevant skills and experience. 

The Bill does not change the existing position. 

Elected trustees are not representatives of levy payers.  The Trust is a charity, and charity trustees must act in the best interests of the charity, not as representatives of the people who elected or appointed them.  Levy payers will still be able to vote for the candidates they think have the right skills and experience to help the Trust achieve its aims.  

No. Those who currently have the right to vote will still be able to do so.   

In theory, yes, but in practice trustees are likely to have a local connection. 

Elected trustees must be on the register of electors in a parish in which the Trust holds land, or within one mile of the boundary of one of those parishes.  Appointed trustees (making up 33% of the Board) would be selected for their skills rather than their location.  However, their connection with the local area would also be considered. 

No. All meetings at which decisions are made will be open to the public, unless confidential or legal matters are to be discussed. This is currently the case and would not change. 

The Charity Commission initially authorised the Trust to spend £306K on legal costs and fees for the Parliamentary Process. Unfortunately, partly because of the number of petitions that were submitted, the Trust has had to ask for the budget to be increased.  The approved budget is currently £503,472.  The Trust has taken out a loan repayable over 25 years to spread some of the cost. 

There are other associated costs, for example staff time spent supporting the process, keeping the public informed, and the costs of running the public consultation. 

The benefits of updating the Trust’s governance, particularly financial benefits, may not be obvious straight away.  However, the changes should help the charity use its resources more effectively.   

The Bill should also help avoid problems that could arise when two unitary authorities are created in Worcestershire in 2028.  The problems this will pose to the interpretation of the current Acts could be very expensive or even impossible to solve. The Bill will also help the Trust find more ways to raise money, making the charity more financially stable and reducing reliance on levy payers. 

At the moment, the Trust has limited powers to raise funds. It needs to be able to raise money in the same way as other charities and to have more diverse sources of income.

For example, the Trust is considering setting up a supporters’ organisation. This could help raise funds and involve people who want to support the Trust but live outside the levy-paying area. 

The Malvern Hills Bill has not been rushed. The Trust began planning to update its governing Acts in 2014. All meetings where decisions were made about the changes were open to the public. 

In addition, the Trust held two public consultations in 2019 and 2024. 

The current Acts define part of the Trust’s electoral area by referring to the Malvern Urban District Council. That council also had power to appoint some trustees. The council was abolished in 1972, and the area became a small part of Malvern Hills District Council. As a result, some trustees can now be appointed from places far from the Hills, such as Tenbury and Little Witley. 

Changes to Malvern Hills District Council ward boundaries in January 2023 made the problem more urgent. The current council wards, which in part define the voting area, no longer match the wording in the Acts. 

The Government has said that Worcestershire will become two unitary authorities within the next two years. This will mean that ward boundaries will change again, and it will almost certainly make the provisions in the 1924 Act about election of some of the trustees unworkable. 

You can find the Malvern Hills Bill here. Please check the website for updates, and if you have specific questions, please email info@malvernhills.org.uk