s 21 Discretionary licence conditions
(1) The IFR may attach licence conditions other than mandatory licence conditions to a club’s operating licence. (2) A condition attached under subsection (1) is referred to in this Act as a “discretionary licence condition”. (3) The IFR may attach a discretionary licence condition to an operating licence only if the IFR is satisfied that compliance with the condition would— (a) in the case of a provisional operating licence, ensure that the club will meet, or contribute towards the club meeting, the threshold requirements set out in Schedule 4 before the end of the period for which the provisional operating licence has effect; (b) in the case of a full operating licence— (i) ensure that the club will meet, or will continue to meet, or (ii) contribute towards the club meeting, or continuing to meet, the threshold requirements; (c) in the case of a provisional or full operating licence, advance the IFR’s systemic financial resilience objective. (4) The IFR may vary a discretionary licence condition where— (a) either— (i) the IFR considers that the condition is no longer effective, or (ii) there has been a material change in circumstances affecting the club since the condition was attached to the operating licence or previously varied, and (b) the condition as varied meets a requirement in subsection (3) . (5) Subsections (3) and (4) are subject to sections 22 to 25 . (6) The IFR must— (a) remove a discretionary licence condition where the IFR considers that the condition is no longer necessary, and (b) notify the club concerned about the removal. (7) A club may apply to the IFR for the variation or removal of a discretionary licence condition. (8) An application under subsection (7) must explain why the variation or removal is sought. (9) Where a discretionary licence condition is attached to an operating licence, varied or removed, the IFR must specify in the licence the time from which the attached condition, variation or removal has effect.