5.—(1) Articles 4 and 5 of the Order do not apply to the carrying on of a business by a person under a name which includes any word or expression specified for the purposes of those Articles by virtue of the amendments made by regulations 3(2), 3(3) and 4(4), if –
(a)he carried on that business immediately before 20th September 2004; and
(b)he continues to carry it on under the name which immediately before that day was its lawful business name.
(2) Nor do Articles 4 and 5 of the Order apply to the carrying on of a business by a person to whom the business has been transferred on or after 20th September 2004 during the period of 12 months beginning with the date of transfer so long as he continues to carry it on under the name which was its lawful business name immediately before the date of transfer.