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This page explains what the Malvern Hills Bill is, why it is needed and what it does and does not change.
You can read it in full, or use the summary below.
In November 2024, the Trust deposited the Malvern Hills Bill. This followed ten years of careful work to review and improve how the Trust is governed.
The purpose of the Bill is about modernising the Trust's governance, designed to help manage the Hills in a changing world.
The Trust is facing new and growing challenges. Visitor numbers and vehicle use have increased, new diseases are affecting trees and the climate is changing. Traditional grazing - essential with helping the Trust manage vegetation - has also declined.
The current Malvern Hills Acts, passed between 1884 and 1995, do not give the Trust the flexibility to respond well to these modern changes.
The Trust is unusual as a charity, as the way it is governed is set out in five Acts of Parliament.
This means to update its governance, the Trust must seek a new Act of Parliament.
This process is complex, costly and takes time, with the possibility of Parliament making changes beyond what was proposed.
This section explains why the Trust needs to update how it is governed and how the Bill fits into that process.
The Trust is governed by a series of Malvern Hills Acts passed between 1884 and 1995.
Because the Trust is governed by statute (or law) it cannot update its governance in the same way as most charities.
The only way to modernise how the Trust is governed is through a new Act of Parliament.
The Malvern Hills Bill brings together the existing provisions (it’s powers and duties) that remain relevant today but introduces updated powers where needed.
These are combined into a single, clear piece of legislation that is easier to follow and use.
The Trust’s day-to-day work is being constrained by legislation written for a very different time.
The Hills now face pressures that were not anticipated when the original Acts were passed.
These include climate change and erosion, higher visitor numbers and vehicle use, declining biodiversity, and the loss of traditional grazing.
The current Acts limit how effectively the Trust can respond to these challenges.
This affects both how decisions are made now and how the Trust can plan for the future.
Updating the legislation would make it easier for the Trust to operate clearly and effectively.
The Trust has spent many years reviewing how it operates and what needs to change.
Two public consultations were held on proposed changes, one in 2019 and another in 2024. Feedback was received from members of the public and from stakeholder organisations.
After carefully considering this feedback, the Malvern Hills Bill was lodged in Parliament in November 2024.
The next section sets out the main changes and what is not changing.
The Trust’s core role and purpose will not change.
Under the Bill, the Trust will continue to care for the Malvern Hills and will keep its duty to:
The Bill proposes a number of updates to help the Trust operate more effectively:
The Bill would also allow the Trust to open up avenues to raise funds. Such as through a supporters association, licensing stalls and events and selling excess wood.
This section sets out how the proposed changes benefit the Hills and the people who enjoy them.
The proposed changes are designed to benefit the Malvern Hills and Commons as a whole.
They are intended to support the long-term care of this landscape, for the benefit of everyone who enjoys it, now and in the future.
The focus is on the Hills first, not on individual interests or historic arrangements.
A significant proportion of the Malvern Hills and Commons are designated as Sites of Special Scientific Interest (SSIs). Grazing is essential to keep these sites in good condition and to help maintain open access.
In the past, much of the Hills was grazed by commoners. However, regular grazing on the north and central hills largely stopped in the 1990s.
The Bill gives the Trust clearer powers in how it can use fencing to help support traditional grazing.
At the moment, voting arrangements are unfair.
For example, a few hundred voters in Guarlford appoint one trustee, while several thousand people in Malvern Link also appoint one trustee. This means some votes carry more weight than others.
The Bill helps create a fairer and more balanced electoral process, helping to prioritise the Hills as a whole, rather than favouring small groups or historic arrangements that no longer reflect today’s communities.
Easier to interpret powers
The current legislation is spread across several Acts and written in formal, historic language, making it hard to understand.
The Bill brings the relevant provisions together in one place, making them clearer and easier to follow.
The Bill updates the Trust’s governance so it aligns with modern standards for charities, as recommended by the Charity Commission.
This supports better decision-making, greater fairness and stronger long-term care of the Hills.
This section explains the practical reasons why the current Acts no longer work well.
The Trust needs to deal with situations that did not exist when the original Acts were written.
These include motor vehicles, declining grazing and modern conservation pressures.
Because the Trust is governed by statute, it can only do what the Acts allow it to do (or which can be reasonably implied).
Where powers are unclear or missing, decisions can be slowed and action delayed. In some cases action is not possible.
Updating the legislation would give the Trust the clarity it needs to respond effectively and plan with confidence.
Some parts of the Malvern Hills Acts refer to laws that are no longer in force, such as the Poor Rate Assessment and Collection Act 1869.
Other provisions also no longer serve a purpose, including compulsory purchase powers that expired in 1930.
The language used is often Victorian and difficult to interpret, with terms, such as “natural aspect”, having no clear meaning in law.
The Trust is governed by five separate Acts, set across 140 years. The relevant rules are spread across them.
This makes it difficult to check what the legal position on specific issues is without searching the five Acts.
In some cases, provisions do not fully align and can even conflict, including around historic rights such as estovers.
The Trust is not able to fully meet today’s good-practice standards for how charities are run (see Charity Governance Code).
The Board currently has 29 trustees. This is larger than what is recommended for effective decision-making and is larger than the staff team.
There is also no clear way to ensure the Board, as a whole, has the right balance of skills, experience, and knowledge to manage the complex and evolving needs of the charity.
Updating the Trust’s legislation will help maintain local stewardship of the Malvern Hills.
Historically, trustees were appointed by Malvern Urban and Rural District Councils. These councils were abolished in 1972 and their role passed to Malvern Hills District Council, which covers a much wider geographical area.
Proposed changes to create a unitary Authority in Worcestershire make it particularly important that the Trust takes action to update its governance now.
This change could lead to trustees being appointed from areas remote from the Malvern and the Hills and Commons.
Updating the legislation now helps ensure the Trust remains locally informed, accountable and focused on the long-term care of the Malvern Hills and Commons.
If you would like more information, you can visit the frequently asked questions and myth-busting pages, or you can also submit a question direct to info@malvernhills.org.uk.