s 38 Opposition to block exemptions
38.—(1) A block exemption order may provide that a party to an agreement which does not qualify for the block exemption created by the order, but satisfies specified criteria, may notify the Commission of the agreement for the purposes of subsection (2). (2) An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) is treated, as from the end of the notice period, as falling within a category specified in a block exemption order unless the Commission —(a) is opposed to it being so treated; and (b) gives written notice to the party concerned of its opposition before the end of that period. (3) If the Commission gives notice of its opposition under subsection (2), the notification under subsection (1) is 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.