C1Part 41Business names

Annotations:
Modifications etc. (not altering text)

Chapter 1Restricted or prohibited names

Supplementary

1199Savings for existing lawful business names

1

This section has effect in relation to—

  • sections 1192 to 1196 (sensitive words or expressions), and

  • section 1197 (inappropriate indication of company type or legal form).

2

Those sections do not apply to the carrying on of a business by a person who—

a

carried on the business immediately before the date on which this Chapter came into force, and

b

continues to carry it on under the name that immediately before that date was its lawful business name.

3

Where—

a

a business is transferred to a person on or after the date on which this Chapter came into force, and

b

that person carries on the business under the name that was its lawful business name immediately before the transfer,

those sections do not apply in relation to the carrying on of the business under that name during the period of twelve months beginning with the date of the transfer.

4

In this section “lawful business name”, in relation to a business, means a name under which the business was carried on without contravening—

a

section 2(1) of the Business Names Act 1985 (c. 7) or Article 4(1) of the Business Names (Northern Ireland) Order 1986 (S.I. 1986/1033 N.I. 7)), or

b

after this Chapter has come into force, the provisions of this Chapter.

C21199AF1Exceptions based on national security etc

1

The Secretary of State may, by written notice given to a person, provide that a prohibition imposed by this Chapter does not apply in relation to the carrying on of a business by that person under a name specified in the notice, if satisfied that to do so is necessary—

a

in the interests of national security, or

b

for the purposes of preventing or detecting serious crime.

2

For the purposes of subsection (1)(b)—

a

“crime” means conduct which—

i

constitutes a criminal offence, or

ii

is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence, and

b

crime is “serious” if—

i

the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for 3 years or more, or

ii

the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.