Ethics Flashcards

Level 3 (46 cards)

1
Q

What does RICS stand for?

A

Royal Institution of Chartered Surveyors

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2
Q

Who is the current President of the RICS?

A

Nicholas Maclean in place of Justin Sullivan.

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3
Q

Summarise the structure of the RICS?

A

The Governing Council, then below those are the RICS Board and the Standards & Regulation Board.

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4
Q

What is Royal Chartership?

A

A grant issued by the Monarch which gives a professional body official status and allows them to regulate their own members.

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5
Q

What are the RICS Bye-Laws?

A

Rules which govern how the RICS must act as an organisation in line with its Royal Charter.

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6
Q

What are the Rules of Conduct?

A

Standards of behaviour that RICS members and firms must adhere to to maintain public trust in the profession.

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7
Q

List the Rules of Conduct?

A

1) Members and Firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.

2) Members and Firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

3) Members and Firms must provide good-quality and diligent service.

4) Members and firms must treat others with respect and encourage diversity and inclusion.

5) Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.

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8
Q

Provide an example of Rule 1?

A

I didn’t allow myself to be improperly influenced by the gift I received from a contractor.

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9
Q

Provide an example of Rule 2?

A

I undertake CPD in subject areas relevant to my role as a Building Surveyor.

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10
Q

Provide an example of Rule 3?

A

I agree with clients the scope of the service to be provided, any limitations and the timescales for the work to be completed.

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11
Q

Provide an example of Rule 4?

A

I do not bully, victimise or harass anyone and would report someone that does.

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12
Q

Provide an example of Rule 5?

A

I would report any significant breaches of the rules of conduct to the RICS.

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13
Q

What is a Conflict of Interest?

A

A situation where an individual’s ability to perform their role is impaired or influenced by their involvement with another role or relationship.

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14
Q

What RICS documentation applies to Conflicts of Interest?

A

RICS Conflicts of Interest Professional Standard

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15
Q

What is Informed Consent?

A

Where all relevant parties are made fully aware of the potential conflict, understand its nature and possible implications, and agree to proceed despite it.

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16
Q

What are the different types of conflict?

A

1) Party Conflict – Where a client appointment conflicts with the appointment of another client.

2) Own Interest Conflict – Where a client appointment conflicts with the interests of the RICS individual.

3) Confidential Information Conflict – Where a client appointment requires a RICS member to disclose information that they are required to keep confidential due to an appointment by another client.

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17
Q

What’s an Information Barrier?

A

The physical or electronic separation of individuals within the same firm that prevents confidential information passing between them.

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18
Q

What is Summers-Inman’s policy for checking for conflicts?

A
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19
Q

What legislation covers Bribery in the UK?

A

The Bribery Act 2010

20
Q

What are the four main offences under the bribery act?

A
  1. Bribing another person
  2. Being bribed
  3. Bribery of a foreign public official
  4. Failure of a commercial organisation to prevent bribery
21
Q

What are the consequences for breaching the bribery act?

A

Penalties include unlimited fines and up to 10 years’ imprisonment for individuals.

22
Q

What RICS documentation is available for Bribery?

A

The Countering bribery, corruption, money laundering and terrorist financing professional statement.

23
Q

What are the responsibilities of RICS firms with regards to Bribery?

A
  1. Not offer or accept a bribe
  2. Have procedures in place to comply with Bribery legislation
  3. Report any activity they are aware of that breaches anti-bribery and corruption laws to the relevant authorities
24
Q

What is money laundering?

A

Money laundering is the process of concealing the origins of illegally obtained money to make it appear legitimate.

25
What legislation applies to money laundering?
Proceeds of Crime Act 2002 and the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017
26
What are the responsibilities of RICS firms with regards to money laundering?
1. Not facilitate or be complicit in money laundering or terrorist financing activities 2. Have systems and training in place to comply with these laws, and ensure these are followed 3. Report any suspicions of money laundering or terrorist financing activities to the relevant authorities
27
Would you accept a gift from a client or contractor?
Yes, if it was proportionate to my relationship with them.
28
How would you determine whether that gift is reasonable and proportionate?
The value and timing of the gift. For example, a gift under £50 during the Christmas period is quite commonplace within the UK. A gift in excess of this value during a tender period would raise concerns.
29
How would you log a gift within your company?
I would email my line manager with details of the gift, the giftor and the date the gift was received.
30
Why do you need to log gifts from Contractors?
To ensure transparency and protect myself and Summers-Inman from allegations of corruption or unethical behaviour.
31
What are your CPD requirements as a candidate?
A minimum of 48 hours every 12 months, with at least 50% formal.
32
Provide examples of some relevant topics you have undertaken CPD on?
RICS Qualification Package so E-Modules on all pathway competencies.
33
What are your CPD requirements as a member?
A minimum of 20 hours every 12 months, with at least 50% formal.
34
When must members complete CPD by?
CPD must be completed between 1st January and 31st December but you have until 31st January to record the completed CPD online.
35
How often do you need to undertake CPD with relation to ethics?
Every 3 years.
36
Why is it important to maintain professional competence?
To provide the highest levels of client care and to comply with the RICS rules of conduct.
37
What is Professional Indemnity Insurance?
Professional indemnity insurance protects professionals against claims for loss or damage made by clients or third parties due to negligent advice, services, or designs.
38
What other insurance might a surveyor need?
Public Liability Insurance and Employer's Liability Insurance
39
What is Public Liability Insurance?
Covers injury or property damage claims made by third parties (e.g., if a client or passerby is injured during a site visit).
40
What is Employer's Liability Insurance?
Covers employee injury or illness claims.
41
Can you explain your understanding of the RICS Harris Debate?
The Harris Debate is an annual meeting to discuss ethical concerns in the field of surveying. The 2024 debate centred around the ethical use of AI in valuation practices.
42
Summarise the process of setting up a new surveying business?
1. Produce a business plan, complaints handling procedure and CPD policy 2. Obtain relevant insurance 3. Register with the RICS and Companies House
43
What are the minimum levels of indemnity insurance for RICS firms?
If the firm turns over £100,000 or less - £250k £100,001 to £200,000 - £500k £200,001 and above - £1,000,000
44
Summarise the process of closing down a surveying business?
1. Inform staff and clients 2. Notify insurers and arrange run-off cover 3. Notify the RICS to de-regulate the company 4. Return any client money
45
Why did you decline the opportunity to privately undertake a damp survey for your friend?
As I wouldn't have suitable insurance in place and would also be in breach of my employment contract with Summers-Inman.
46
Why didn't you suggest undertaking the survey through Summers-Inman?
Summers-Inman don't undertake residential work which is why I recommended my friend use the RICS Find a Surveyor tool.