Malvern Hills Act 1995

1995 CHAPTER iii

An Act to amend certain enactments relating to the Malvern Hills Conservators and the management of the Malvern Hills; to confer further powers on the Malvern Hills Conservators; to make further provision in relation to the Malvern Hills; and for other purposes.

[28th June 1995]

WHEREAS—

(1)

By the [1884 c. clxxv] Malvern Hills Act 1884 the Malvern Hills Conservators (in this Act called “the Conservators”) were incorporated and were invested with certain powers of protection, control and management with regard to the lands in that Act specified and provision was made for restricting the user and enjoyment of the said lands:

(2)

By the [1909 c. xxxvii.] Malvern Hills Act 1909, the [1924 c. xxxvi.] Malvern Hills Act 1924 and the [1930 c. lxxii.] Malvern Hills Act 1930 further powers were conferred upon the Conservators and further provision was made in relation to the lands under the Conservators' jurisdiction and commonly known as the Malvern Hills:

(3)

Under the Malvern Hills Act 1930 it is the general duty of the Conservators except as otherwise provided in the Malvern Hills Acts 1884 to 1930 to keep the Malvern Hills unenclosed and unbuilt on as open spaces for the recreation and enjoyment of the public:

(4)

The Malvern Hills have been widely known and admired for their natural beauty and have formed a centre of attraction to the inhabitants of the county of Hereford and Worcester and to visitors coming from all parts of the country for the purposes of health, recreation and enjoyment:

(5)

The area of land under the Conservators' jurisdiction has increased as has the number of visitors resorting to the Malvern Hills:

(6)

The existing powers of the Conservators are insufficient to enable the Conservators to make suitable provision to meet the convenience and requirements of the public, and to carry out their functions and to manage and deal with the Malvern Hills effectively and appropriately in the light of present day circumstances:

(7)

It is desirable that further provision should be made enabling certain facilities to be constructed or provided on the Malvern Hills:

(8)

It is expedient that further powers of protecting, controlling, regulating, managing and dealing with the Malvern Hills should be conferred upon the Conservators as in this Act provided:

(9)

It is expedient that the other powers of this Act should be conferred upon the Conservators and that the other provisions contained in this Act should be enacted:

(10)

The purposes of this Act cannot be effected without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—