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 applies to any proposed recommendation under subsection (1).
(3)  Where there has been no recommendation under subsection (1), the Minister must, before exercising the Minister’s 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.