40.— (1) The Commission shall establish and maintain a register of persons who have made a notification to the Commission pursuant to section 38 and such information contained in the notification as the Commission considers appropriate (other than information which the Commission considers confidential within the meaning of section 24 of the Principal Act) shall be entered in the register.

(2) The Commission may, as occasion requires, amend or delete an entry in the register.

(3) Members of the public may inspect the register free of charge at all reasonable times and may take copies of, or extracts from, entries in the register at a cost not exceeding the reasonable cost of making a copy.

(4) In any proceedings, a certificate, bearing the seal of the Commission, stating that the register shows that on the date or during the period specified in the certificate the name of the person identified by the certificate was not entered in the register, is admissible as evidence of the fact that a person identified by the certificate did not make a notification to the Commission pursuant to section 38.

(5) A document purporting to be a certificate under subsection (4) is deemed to be such a certificate, unless the contrary is shown.