person so entitled in respect of damage to the authorised street tramway resulting from the exercise of any such right. 

## Saving for highway authorities 

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. 

## Disclosure of confidential information 

49.  A person who— 

(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, 

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. 

## Defence to proceedings in respect of statutory nuisance 

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— 

(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. 

(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. 

(3) The provisions of this article do not affect any rule of common law having similar effect. 

## Certification of plans. etc. 

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 

