5. Article 2(b)(ii) (amendment of section 31 of the 1980 Act) does not apply where—
(a)an owner has, or the owner’s predecessors in title have, more than 6 years before 31 May 2005, deposited a map and statement in accordance with section 31(6) of the 1980 Act; and
(b)that owner has not, or the owner’s predecessors in title have not, within the period of 6 years ending on 31 May 2005, lodged a statutory declaration (whether or not a previous declaration has been lodged) in accordance with section 31(6) of the 1980 Act.