Ethics Flashcards
What are the 3 types of conflict of interest?
P O C
Party Conflict
Own Party Conflict
Conflict of Confidentiality
Why do you want to become a member of RICS?
Because it is the gold standard and after a lot of hard work and learning over the past 10 years it’s the ultimate reflection of the effort that I’ve put in to develop my knowledge and exeperience
What is the role of RICS?
It’s role is to maintain the highest ethical and technical standards in surveying and the property industry and to promote trust in the profession
What are the key functions of RICS?
Advancing the highest ethical and technical standards in surveying professionals, protecting the public and consumers by enforcing standards and codes of practice and providing expert, impartial advice to governments, business and the public
What is a Royal Charter?
A Royal Charter is an instrument of incorporation, granted by The Queen, which confers independent legal personality on an organisation and defines its objectives, constitution and powers to govern its own affairs. For the RICS its objective is to promote usefulness in the profession for the public advantage
Who is the current RICS president?
Clement Lau is president, Ann Gray is the President Elect
Richard Collins is the CEO
What do you understand by the term self-regulation?
It means that the RICS operates within it’s own published, regulatory framework, rather being legislated by the government. The regulation is led by an independent regulatory board and regional sub-boards
Can you tell me what you understand by the principles of better regulation?
5 principles of better regulation (TPACT) - transparent, proportional, accountable, consistent and targeted
What is a Bye-Law?
It is a rule, made by an organisation for the governence of it’s members, for the RICS the bye-laws are set out in the Royal Charter, it includes things such as membership levels, who is eligible to join, that the governing council can set fees etc
Give an example of one of the RICS Bye-Laws.
Bye-Law 2 sets out the classes of membership, whose eligible to join, the procedures for joining and the priviledges and obligations of membership, another bye-law is the designations of members (FRICS etc)
Explain to me the new RICS Rules of Conduct - what do they replace?
There are 5 new rules of conduct and they replace the existing, separate rules of conduct for members and rules of conduct for firms. The new rules combine them and give example behaviours for each rule
When do the new Rules of Conduct take effect?
They took effect on 02 February 2022
Who do the new Rules of Conduct relate to?
They relate to members and RICS regulated firms
What are the 5 Rules of Conduct?
HCQRP
- Members and Firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
- Must maintain professional competence and ensure services are provided by competent individuals who have the necessary expertise.
- Provide good quality and diligent service.
- Must treat others with respect and encourage diversity and inclusion.
- Must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.
Give an example behaviour for each rule of conduct.
- Keep clients money safe and have appropriate accounting controls.
- Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently.
- Members and firms communicate with clients and others clearly and in a way they can understand.
- Members and firms do not bully, victimise or harass anyone.
- Members and firms respond to complaints made against them promptly, openly and professionally
What are the core professional obligations of firms and members to RICS?
Members must comply with CPD requirements, must cooperate with RICS and supply documentation when asked for it by RICS, Firms must publish a complaints procedure, must have appropriate PII cover, have incapacity cover, cooperate with RICS, display in their business literature that they are regulated by the RICS
What disciplinary procedures can the RICS impose?
caution • reprimand • undertakings as to future conduct • fines (in accordance with Supplement 2 to the Sanctions Policy: Fines, Costs and Administration Fees) • conditions on the Member’s continued membership of RICS • conditions on the Firm’s registration for regulation • expulsion of the Member from RICS • removal of the Firm’s registration for regulation
Publishing of outcomes in Modus
In what circumstances can disciplinary procedres be imposed?
When it has been found that there has been wrongdoing by a member or firm that breaches the regulations or their work has fallen below the expected standards
When did RICS last update their disciplinary panel rules?
October 2019
What are the different levels of action within the disciplinary procedures?
Consent Order, Disciplinary Panel, Fixed Penalties,
What do you understand by the term professional practice?
It refers to the conduct and work of someone within the profession, so ensuring that they act professionally, with integrity and in a way befitting the profession.
What money laundering regulations or legislation are you aware of?
In legislation there is the Proceeds of Crime Act. There is the RICS Countering Bribery and Corruption, Money Laundering and Terrorist Financing Professional statement 2019
What is a red flag of money laundering?
They may be willing to pay over the odds for a property with no justifiable reason or they are very reluctant to reveal who the actual buyer is, they might be unwilling to undergo source of wealth checks
What bribery legislation are you aware of?
The Bribery Act 2010