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discretionary commission arrangement

136any arrangement under which:

  1. (a) a lender permits a credit broker to decide or negotiate (whether or not within specified limits or subject to conditions or restrictions) the amount of any item included in the total charge for credit provided for in a regulated credit agreement in respect of which the credit broker carries on activity of the kind specified in article 36A of the Regulated Activities Order; and
  2. (b) the amount of any commission, fee or other financial consideration payable to the credit broker (directly or indirectly) in connection with that regulated credit agreement is affected (in whole or part) by the amount referred to in (a).