4. The prohibition contained in Article 3 of this Order shall not apply in relation to the undertaking, or the securing of the undertaking, of—
(a) the execution of works of the nature of routine maintenance or works of the nature of routine repair, or
(b) the taking on temporary hire of plant or equipment for the purpose of replacing plant or equipment in need of, or undergoing, repair or maintenance, or
(c) any project which involves no expenditure of a capital nature, or
(d) any project in relation to which any tender has been invited, or any contract placed, or any work commenced, before the date of the coming into operation of this Order, or
(e) any project concerning, or concerning operations carried out at, a fishery harbour or marine work which becomes a harbour for the purposes of section 9 of the Act after the coming into operation of this Order, being a project in relation to which any tender has been invited, or any contract placed, or any work commenced, before the date on which that fishery harbour or marine work became a harbour for the purposes aforesaid.
5.—(1) The provisions of this Article shall apply for ascertaining the cost of a project for the purpose of Article 3 of this Order or of Section 9(7) of the Act.
(2) Where a reasonable and proper estimate in writing of the proposed expenditure on a project has been made by the person who proposes to undertake, or secure the undertaking of, that project, before any expenditure has been incurred on it, the cost of that project, so far as regards all matters comprised in the estimate, shall be ascertained for any purpose mentioned in paragraph ( 1 ) of this Article by reference to that estimate alone, but in all other cases the cost of a project shall be ascertained for any such purpose aforesaid by reference to the actual expenditure (if any) already incurred on the project up to the time when the ascertainment of cost is required to be made for that purpose together with a reasonable and proper estimate of the expenditure (if any) then still to be incurred in order to complete the project.
5.—(3) In computing the cost of a project under the provisions of this Article there shall be included:
(a) sums in respect of any consulting engineers', architects', surveyors' and other professional fees in connection with the project;
(b) in a case where the project consists of, or involves, the taking on hire of plant or equipment, a sum in respect of the aggregate of any periodic payments under the hiring agreement during the continuance thereof, or, where the hiring is not for a fixed term, during the estimated continuance thereof;
(c) in a case where the project involves the execution of works on land acquired for, or appropriated to the purpose of, the project, a sum in respect of the value of that land determined in accordance with the provisions of paragraph (4) of this Article;
and such sums shall be ascertained (subject as hereinafter provided) by reference to estimated or actual expenditure as the provisions of paragraph (2) of this Article may require.
