No, the Malvern Hills Trust is not a public body. This has recently been confirmed in the House of Lords in answer to two parliamentary questions, answered on 10 September 2024 and again on 17 June 2025. See FAQ number 4.
Myth-busters
We’ve noticed that a number of incorrect statements have been made about the Malvern Hills Bill.
Some of the most misleading ones are summarised below together with a short correction.
For more information see our FAQs, Facts about the Bill, or get in touch with us via info@malvernhills.org.uk
Key Topics
Rights to access
Myth 1: The Bill will let the Trust fence off the commons and restrict public access.
This is not true. Public access to the Malvern Hills and Commons will remain unchanged.
There is a new power in the Bill which will allow the Trust to secure the grazed commons to stop animals straying. It would not stop people from using the commons.
Roads across the common are part of the common and so the Bill does not mean fences could be put along those roads.
Grazing is essential to maintain the land as open space and protect important plant communities.
Myth 2: The proposals will lead to a loss of green space, land being sold or building on the Hills (for example solar panels).
This is not true. The Trust exists to keep the land open and free from building. It cannot sell or build on land that is public open space. See FAQ number 7.
Myth 3: People will have to pay to access the Hills.
This is not true. The Bill says the Trust must keep the Hills and Commons open for public recreation. It cannot charge people who come to the Hills and Commons for leisure.
The Bill / Governance
Myth 4: Malvern Hills Trust is a Public Body
Myth 5: The Trust will be spending over £1 million on the Bill.
This is not true. The budget for legal costs is currently £503, 472.
The budget increased partly because of the number of petitions which were lodged against the Bill in the House of Lords. The Trust would almost certainly stay within this budget if no petitions are filed when the Bill passes through the House of Commons. See FAQ number 19.
Myth 6: The General Power will let the Trust do whatever it likes.
This is not true. The General Power could only support the Trust’s charitable work. It cannot be used to do things which are already set out in the Bill, e.g., increasing the levy, granting easements, selling land or becoming a commercial entity. See FAQ number 6.
Myth 7: The Bill will give the Trust power to grant easements.
This is true but misleading, as the Trust already can grant easements.The Bill makes no change to the existing powers. See FAQ number 8.
Myth 8: Levy payers will lose the right to elect trustees.
This is not true. People who can vote now will still be able to elect trustees. The proportion of elected trustees will increase from 38% to 66%.
Myth 9: The proposals will allow the Trust to ban the public from trustee meetings.
Meetings where decisions are made will still be open to the public, unless confidential or legal matters are to be discussed. The Trust will be able to ask someone to leave only if they disrupt a meeting.
Myth 10: The Bill will let the Trust become a commercial entity.
This is not true. The Trust is a registered charity therefore, it cannot operate for commercial purposes. The Bill does give the Trust wider powers to raise funds for its work, as other charities do, and within the strict rules set by charity law.
