The facts about the Malvern Hills Bill
Our plans to update our governance without changing what we do.
Malvern Hills Trust is a small charity, responsible for looking after the Malvern Hills and Commons so that everyone can enjoy them.
What the Trust must do, how it is run and its powers are set out in five Acts of Parliament: the Malvern Hills Acts 1884, 1909, 1924, 1930 and 1995.
Summary of the Malvern Hills Bill
- The Trust is a charity governed by Acts of Parliament that date back to 1884 (and which reference other Acts of Parliament dating back to 1847)
- The Acts need to be updated and brought together into one single piece of legislation. This can only be done by another Act of Parliament
- The Trust’s purposes remain the same – to look after the Malvern Hills and keep them open, unenclosed and unbuilt on for public recreation
- Much of the Bill simply repeats what is already in the current Acts, updating the wording where needed, but not changing the meaning
- There are some changes, such as changing the ways trustees are appointed and helping the Trust to manage the Hills and Commons more effectively in an increasingly challenging environment
- The Trust has been working on the best way to update its Acts since 2014 and ran two public consultations in 2019 and 2024
Key changes
- A smaller board (reduced from 29 trustees to 12)
- Most trustees elected but from a single electoral area
- Some trustees appointed for their skills and knowledge
- Introduction of a postal voting system (with the option to vote online)
- Updated administrative provisions, including a power to fundraise
- Power to put in cattle grids to stop animals straying from the Commons (but only with consent from the Secretary of State and the Highway Authority)
- Fixed penalty notices as an option for byelaw breaches
Why is the Bill needed?
Why the Bill is needed and why it is now more important than ever
Administrative powers (including general power)
Why the Bill is needed
The Trust must work within the limits of the Acts. It only has the powers set out in them, or powers that can be implied. This often leaves the Trust unsure whether it can do something.
The Trust needs to rationalise, modernise and consolidate its governing legislation. The current Acts do not reflect modern good practice for charities nor do they contain all the powers the Trust needs to achieve its purposes effectively.
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It was made clear in the House of Lords at the time of the passing of the 1995 Act that if the Trust came back to Parliament it would need to consolidate the existing Acts (with any changes) into one piece of legislation.
Local government reorganisation
The Bill is now more important than ever.
The plans announced in July 2026 to create a new South Worcestershire Council have been put on hold. However Andy Burnham’s government has made clear it has plans to devolve power and changes will almost certainly happen. The Bill should help future proof the Trust against these changes by simplifying the way trustees are appointed.
Restating, updating and simplifying the existing legislation
A lot has changed since 1884. There were no cars then and grazing by local people helped keep the Hills clear of scrub and trees.
Some parts of the existing Acts no longer apply. They refer to old legislation, landowners and organisations that no longer exist. For example, the Trust’s electoral area is still partly defined by reference to Malvern Urban District Council which was abolished in 1972.
Updating the Trust’s governance is not new. Since the Trust was created there have been four more Acts of Parliament but the changes were made piecemeal. As a result, related provisions are now spread across different Acts. A new Act will bring them together and put them in a clearer order.
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Parts of the Acts have been repealed by later legislation and some parts of the 1924 Act were time limited and only applicable until 1930. The Acts reserve rights for landowners but almost all of the land referred to is now in the Trust’s ownership. No personal rights that still exist have been changed, other than by consent.
The Trust currently has to search through all five Acts to check trustees’ powers and duties. For example,
- The Trust has three separate powers to mortgage (there are also regulations relating to borrowing set out separately in the Commissioners Clauses Act 1847)
- There are two separate provisions that say different things about the exercise of the right of estovers (a right of common entitling the holder to take wood from the common) in relation to trees planted by the Trust
What isn’t changing
Status of the charity
The Bill makes no change to the status of the Trust or the trustees:
- The Trust is a charity.
- The trustees must act solely and exclusively in the best interests of achieving the charity’s objects, and they do not represent those who appointed them.
What we do
The Bill restates the duty to look after the landscape and keep the Trust’s land unenclosed and unbuilt on as a place for public recreation.
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The Bill brings the Trust’s key purposes together in one place, in clause 6, instead of leaving them spread across the Acts. It does not make any significant change to those purposes, but updates the wording. It also gives trustees guidance on what to do if the two purposes come into conflict. This wording is based on the Sandford Principle, which applies to National Parks. If protecting the landscape and public access conflict, and the conflict cannot be resolved after careful consideration, trustees should give extra weight to protecting what makes the Malvern Hills special, for future generations.
Elected trustees and the levy
There is no change to who votes to appoint trustees and who pays the levy.
Other powers
There are many other provisions in the Acts that are not changed by the Bill.
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Examples of other parts of the Acts that do not change are:
The powers:
- to fence dangerous places
- to temporarily fence off areas such as archaeological sites or SSSIs to protect and restore them
- relating to St Ann’s Well
- to grant easements
- to acquire land
- to dispose of land within 5 years of purchase
- to adjust boundaries
- to make byelaws
- to construct lavatories, sheds and seats
- to regulate horse riding
- to set aside areas on Link Common and Malvern Common for specified activities
Updating how the Trust is run
One of the major changes that the Bill makes is to update the way the Trust is run.
The Trust is not able to meet today’s good-practice standards for charities (see Charity Governance Code).
- The current arrangements for appointing trustees are over 100 years old.
- There are currently potentially 29 trustees – more trustees than staff.
- The current system of appointing trustees does not work well. There have been periods when many of the appointing bodies have left trustee positions vacant
- The electoral system is very unfair.
- Trustee elections are often uncontested because too few people are willing to stand. Individuals are elected without anyone voting for them.
- Electoral areas vary greatly in size. For example, Guarlford has an electorate of just over 200, while some of the Malvern wards have around 5,000 electors. Colwall, with just over 2,000 residents, elects 2 trustees.
- Taking into account both elected and appointed trustees, the ratio of trustees to residents is uneven and unfair. For example, Colwall appoints/elects 3 trustees, Mathon, with just over 200 residents appoints/elects 2 trustees while the central Malvern wards elect just 1 trustee for 4 – 5,000 people.
- Unlike other charities, the Trust cannot ensure that trustees have the necessary knowledge, experience and skills to run 3,000 acres of public access land with a budget of over £1m per year.
- Diversity is a problem too – currently the average age of trustees is 71 and there are only five women on the board.
Reforming the appointment system for trustees will ensure that the Trust remains locally informed, accountable and focused on the long-term care of the Malvern Hills and Commons.
- The Bill proposes:
- 12 trustees, 66% elected (compared with 29 trustees, 38% elected)
- 33% of trustees selected for relevant skills and experience
- One electoral area (to mitigate problems with changes to local government boundaries and to ensure everyone has the same opportunity to vote)
- Staggered retirement dates for trustees so that experienced trustees do not all leave the board at the same time
Administrative powers
Most of the Trust’s administrative powers are contained in legislation that is nearly 180 years old. The Trust needs a set of modern administrative powers which, amongst other things, will give it greater flexibility to generate income and raise funds like other charities.
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The Trust’s only fundraising powers are to raise a levy in specified parishes and to make a parking charge. The Trust also applies for grant funding where it can.
At the moment, the Trust has no power to sell products of its land management such as firewood and compost.
General power
The last thing the Trust wants is to have to return to Parliament every time a change in circumstances requires a minor update to its powers. The Trust needs to “future proof” itself as best it can.
Councils and many charities now have a “general power” which allows them to do anything that is lawful and that helps further their objectives. The Trust has asked to have a similar power. However, during the consultation, concerns were raised about what such a power might allow the Trust to do. The Trust listened to those concerns and as a result the power is drafted very narrowly.
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Clause 83 makes it clear that the power can only be used to further the Trust’s objects (which would be the case with any charity) and that it cannot be exercised to do anything that is covered by other provisions in the Bill. For example, it cannot be used to raise a levy, sell land, borrow money or put any structures on the Hills. The Select Committee approved the power, saying “...we think that 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 the furtherance of its objects”.
Looking after the Hills and Commons
The Trust is facing new challenges. Visitor numbers and vehicle use keep increasing, new diseases are affecting trees and the climate is changing. Traditional grazing of the Commons, which for generations has shaped the appearance of the Hills and kept the land open for recreation, has declined.
Fencing the grazed Commons.
Grazing is critical because it helps maintain the land as open space and protect important plant communities. Nowadays, busy roads, increasing traffic speeds and growing visitor numbers mean that grazing the Commons is no longer financially viable. The Commons are not secure – graziers cannot be available 24/7 to bring the animals back onto the common. Almost all grazed Commons in the rest of the country have perimeter fencing with cattle grids to prevent stock from leaving the common.
The Bill proposes that:
- The Trust should have power to secure the perimeter of the Commons. Please note the roads that run across the common may not be fenced under the provisions of the Bill because they are part of the common. The Trust can only fence the perimeter to stop animals straying off the common.
- This power can only be exercised with the consent of the Secretary of State. Applications for consent are dealt with in a similar way to planning applications -everyone has a chance to express their views and there may be a public hearing of the application.
Supporting grazing on the Hills
The Bill expressly provides for the Trust to license graziers and also to manage and look after livestock itself. It allows the Trust to set up livestock handling facilities (off the common). These powers are essential to facilitate grazing into the future.
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The Trust’s preference is for those with rights of common to continue to exercise them. However, the reality is that commoners now face significant challenges that make grazing increasingly difficult. These include animals straying off the common, increasing traffic, dog attacks, and higher visitor numbers. Commons grazing on the central and northern Hills effectively ceased in 1990.
Preventing cars from driving on the Commons
Section 34 of the Road Traffic Act 1988 makes it an offence to drive a vehicle on a common. However, the Trust needs practical powers to stop this if it is happening regularly. The Bill contains a power to install barriers to stop vehicles driving off the highway. The power can only be exercised with the consent of the Secretary of State (see Fencing the grazed Commons above).
Other fencing powers
The other fencing powers contained in the Bill largely restate the Trust’s existing powers and current practices.
Power to use rockfall and quarry spoil to maintain the paths over the Hills
It is frustrating for the Trust to have to buy in stone to maintain paths when small quantities of ideal stone are available on site. The stone used for paths has to have the right pH and colour, and it is not environmentally friendly to use fossil fuels to transport it. The Bill allows up to a maximum of 25sq m per year of loose stone to be used to maintain paths.
Byelaws
The power to make byelaws is unchanged, but the Bill contains a new power for authorised staff to issue fixed penalty notices.
The Trust’s primary approach in relation to byelaw breaches has always been to inform and explain. Byelaw breaches are a criminal offence and the only remedy currently available is to bring proceedings in the Magistrates Court, which is expensive, time consuming and might, in most cases, be seen as “over the top”. Fixed penalties are now a common tool for byelaw enforcement. In the Trust’s case, staff will still advise and explain why it is important not to do certain things and the power to fine will in practice only be used for serious or repeat offences.
Any questions
The existing Malvern Hills Acts are 84 pages long, and the Bill has 96 clauses and seven schedules. We can’t cover everything here. If you have questions, please try Frequently asked questions or Mythbusters. If you can’t find the answer there, please e-mail the Trust on info@malvernhills.org.uk
