12(1)Before making a staff transfer scheme or a property transfer scheme, the Secretary of State must be satisfied that—
(a)those persons that the Secretary of State considers likely to be affected by the making of the scheme, and
(b)such other persons as appear to the Secretary of State to represent the interests of such persons,
have been consulted (whether by the Secretary of State or another person) and must have regard to the results of the consultation in determining whether to make the scheme.
(2)Sub-paragraph (3) applies where—
(a)the Secretary of State is proposing to make a modification to a staff transfer scheme or a property transfer scheme under section 153,
(b)it appears to the Secretary of State that the modification is likely to have a material effect on any person, and
(c)the Secretary of State is not required under subsection (3) of that section to obtain the agreement of those persons before making the modification.
(3)Before making the modification, the Secretary of State must be satisfied that—
(a)any person or persons falling within sub-paragraph (2)(b), and
(b)such other persons as appear to the Secretary of State to represent the interests of such persons,
have been consulted (whether by the Secretary of State or another person) and must have regard to the results of the consultation in determining whether to make the modification.
(4)For the purposes of this paragraph it does not matter whether consultation takes place before or after the passing of this Act.