(3) If the Commission gives notice of its opposition under subsection (2), the notification under subsection (1) shall be treated as a notification under section 44.
(4) In this section—
- “notice period” means such period as may be specified with a view to giving the Commission sufficient time to consider whether to oppose under subsection (2);
- “specified” means specified in a block exemption order.
Procedure for block exemptions
39.—(1) Before making a recommendation under section 36(1), the Commission shall—
- (a) publish details of its proposed recommendation in such a way as the Commission thinks most suitable for bringing it to the attention of those likely to be affected; and
- (b) consider any representations made to the Commission regarding its proposed recommendation.
(2) If the Minister proposes to give effect to such a recommendation subject to modifications, he shall inform the Commission of the proposed modifications and take into account any comments made by the Commission.
Variation and revocation of block exemption orders
40.—(1) If, in the opinion of the Commission, it is appropriate to vary or revoke a block exemption order, the Commission may make a recommendation to that effect to the Minister.
(2) Section 39 shall apply to any proposed recommendation under subsection (1).
(3) Where there has been no recommendation under subsection (1), the Minister shall, before exercising his power to vary or revoke a block exemption order—
- (a) inform the Commission of the proposed variation or revocation; and
- (b) take into account any comments made by the Commission.
