Application to Isles of Scilly — EPA 1990 s. 78Y
EPA 1990 s. 78Y excludes Isles of Scilly from Part IIA unless Secretary of State orders otherwise after consulting Council, with modifications.
Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly. The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order. An order under this section may— make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Part IIA of the Environmental Protection Act 1990 sets out the regime for identifying and remediating contaminated land. Section 78Y says that this Part does not apply to the Isles of Scilly at all, unless the Secretary of State makes a special order. Before making such an order, the Secretary of State must consult the Council of the Isles of Scilly. The order can bring in some or all of the Part IIA provisions, with any changes (modifications) the Secretary of State thinks fit. The order can also treat different cases differently, and can include extra rules needed to make the order work, including saving provisions that keep old law in force even if it would otherwise be repealed.
When it applies
- A landowner on the Isles of Scilly is told they must carry out a remediation notice under s.78L, and wants to check whether Part IIA even applies there.
- The Council of the Isles of Scilly asks the Secretary of State to bring in the contaminated land rules for a specific polluted site.
- A developer plans to build on a former industrial site in Scilly and needs to know if the contaminated land register under s.78R will be kept locally.
- The Secretary of State issues an order applying Part IIA to Scilly but with modified appeal procedures, and a resident challenges whether the order is valid.
What this section does not say
- It does not list the actual duties or offences under Part IIA (those are in s.78L–s.78X).
- It does not apply to the rest of England and Wales — it only deals with the Isles of Scilly exception.
- It does not itself require anyone to clean up land; it only says whether Part IIA can be applied by order.
- It does not cover other parts of the EPA 1990, such as statutory nuisances (s.79 onwards) or litter (s.87).
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This page reproduces the text of EPA 1990 s. 78Y in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.