4(1)If—
(a)a transferor authority fails to make and submit a scheme to the Scottish Ministers in accordance with paragraph 2(1), or
(b)the Scottish Ministers reject a scheme in pursuance of paragraph 3(1)(b),
the Scottish Ministers may themselves make a staff transfer scheme or, as the case may be, a property transfer scheme.
(2)Sub-paragraph (1) does not prevent the Scottish Ministers approving a scheme submitted to them after the due date.