Making and approval of transfer schemeE+W
2(1)Where the Commission is required to make a transfer scheme, it shall submit the scheme to the Secretary of State for his approval before such date as he may direct.E+W
(2)A transfer scheme shall not take effect unless approved by the Secretary of State.
(3)The Secretary of State may, after consultation with the regional development agencies, approve a transfer scheme submitted to him by the Commission either with or without modifications.
3(1)The Secretary of State may, after consultation with the regional development agencies, make a transfer scheme himself if—E+W
(a)he decides not to approve (with or without modifications) a scheme submitted to him before the date specified in relation to it under paragraph 2(1), or
(b)no scheme is submitted to him for approval before that date.
(2)Nothing in sub-paragraph (1) shall prevent the Secretary of State from approving a scheme submitted to him after the date specified in relation to it under paragraph 2(1).
(3)A scheme made by the Secretary of State under sub-paragraph (1) shall be treated for all purposes as having been made by the Commission and approved by him.