A person who does not have a Part 4A permission in relation to the activity specified in article 63S(1) of the RAO [S.I. 2001/544.] does not -
(1) contravene the general prohibition in section 19 of the Act (the general prohibition); or
(2) contravene a requirement imposed by the FCA or PRA as defined in section 20(1) or (1A) of the Act (authorised person acting without permission)
in respect of carrying on the activity in article 63S(1) of the RAO in relation to a benchmark if the FCA has permitted the use of that benchmark in accordance with Article 51(4) of the EU Benchmarks Regulation 2016 and that permission has not expired or been withdrawn.