37.—(1) This Article applies to any generating station which—
(a)is of a capacity not less than 10 megawatts; and
(b)is fuelled otherwise than by waste or manufactured gases;
and in this paragraph “waste” has the same meaning as in Article 36(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978F1.
(2) The Department may by order provide that paragraph (1) shall have effect as if for the capacity mentioned in that paragraph there were substituted such other capacity (not exceeding 100 megawatts) as may be specified in the order.
(3) In respect of any generating station to which this Article applies, the Department may give a direction requiring the person who operates it—
(a)to make such arrangements with respect to stocks of fuel and other materials held at or near that generating station for the purposes of its operation as will—
(i)enable those stocks to be brought within a specified time to, and thereafter maintained at, a specified level; and
(ii)ensure that they do not fall below that level, except as may be permitted by the terms of the direction or by a direction under paragraph (4);
(b)to create such stocks and make such arrangements with respect to them;
and the amount of any stocks may be specified by reference to the period for which it would enable the generating station to be maintained in operation.
(4) In respect of any generating station to which this Article applies, the Department may give a direction—
(a)authorising or requiring the person who operates it to make such use as may be specified of any stocks held at or near that generating station; and
(b)requiring that person to operate, or not to operate, that generating station for specified periods, at specified levels of capacity or using specified fuels.
(5) In paragraphs (3) and (4) “specified” means specified by or under the Department's direction; and a direction may—
(a)specify the cases and circumstances in which any stocks are to be treated as held at or near any generating station;
(b)specify the extent to which the direction may be treated as complied with where, under arrangements made or approved by the Department, access can be had to stocks held for the use of a number of consumers;
(c)specify the manner in which any period mentioned in paragraph (3) or (4) is to be determined;
(d)require anything falling to be specified under the direction to be specified by such persons and by reference to such matters as may be specified.
(6) A direction under paragraph (3) or (4) which confers on any person the function of specifying anything falling to be specifed under the direction may require that person to exercise that function and to do so in such manner as may be specified by the direction.