person so entitled in respect of damage to the authorised street tramway resulting from the  exercise of any such right.  48.  Nothing in this Order affects any power of a highway authority to widen, alter, divert or  improve any highway along which the authorised street tramway is constructed.  49.  A person who—  is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the  standard scale unless the disclosure is made in the course of that person’s performance of a duty in  connection with the purposes for which the person was authorised to enter the land.  50. —(1) Where proceedings are brought under section 82(1) (summary proceedings by person  aggrieved by statutory nuisance) of the Environmental Protection Act 1990( a ) in relation to a  nuisance falling within paragraph (g) of section 79(1)( b ) (noise emitted from premises so as to be  prejudicial to health or a nuisance) of that Act no order is to be made, and no fine imposed, under  section 82(2) of that Act if the defendant shows—  (2) Section 61(9) (consent for work on construction site to include statement that it does not of  itself constitute a defence to proceedings under section 82 of the Environmental Protection Act  1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of  premises by the Authority for the purposes of or in connection with the exercise of the powers  conferred by this Order with respect to works.  51.  The Authority must, as soon as practicable after the making of this Order, submit copies of  the book of reference, the works and land plans and the traffic regulation plans to the Secretary of  (3) The provisions of this article do not affect any rule of common law having similar effect.  32 ( d ) 1974 c. 40.  ( c )  Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15(3) of Schedule 15 to the  Environmental Protection Act 1990 (c. 43), Schedule 24 to the Environment Act 1995 and paragraph 10 of Schedule 6 to  the Building (Scotland) Act 2003 (asp. 8).  ( b ) Section 79(1) was amended by section 2(2) of the Noise and Statutory Nuisance Act 1993 (c. 40), section 120 of, and  paragraph 2(a) of Schedule 17 and paragraph 89(2) of Schedule 22 to, the Environment Act 1995 (c. 25), sections 101(2)  and 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and sections 109(2), 110(2), 111(2) and  112(2)(a) of the Public Health etc. (Scotland) Act 2008 (asp. 5).  ( a ) 1990 c. 43.  Certification of plans. etc.  Defence to proceedings in respect of statutory nuisance  Saving for highway authorities  Disclosure of confidential information  (a) enters a factory, workshop or workplace under the provisions of article 22 (works to  safeguard buildings and the operation of the authorised tramway) or article 23 (power to  survey and investigate land, etc.); and  (b) discloses to any person any information obtained as a result of that entry and relating to  any manufacturing process or trade secret,  (a) that the nuisance relates to premises used by the Authority for the purposes of or in  connection with the exercise of the powers conferred by this Order with respect to works  and that the nuisance is attributable to the carrying out of works which are being carried  out in accordance with a notice served under section 60 (control of noise on construction  sites), or a consent given under section 61( c ) (prior consent for work on construction  sites) of the Control of Pollution Act 1974( d ); or  (b) that the nuisance is a consequence of the operation or maintenance of the authorised  tramway and that it cannot reasonably be avoided. 