Disciplinary Procedures

Question 1

What do you understand by the term self-regulation?

Answer 1

RICS self-regulates, meaning that it operates within it’s own published regulatory framework, rather than being legislated by Government.
This allows them to;
- Set regulatory strategy and policy.
- Oversee operational deliverability of RICS regulation.
- Serve public interest and protect reputation of the profession.

Question 2

What are the three levels of action for a disciplinary procedure?

Answer 2

1. Action by Head of Regulation
2. Regulatory Tribunal
3. Appeal Panel

Question 3

In what circumstances can a RICS Disciplinary Procedure be triggered?

Answer 3

• A disciplinary procedure can be triggered by someone complaining to the RICS, an allegation by a client or third party.
• RICS will also review information and/or evidence received or established by the RICS.

Question 4

What disciplinary procedures can the RICS impose?

Answer 4

First step of a formal investigation is by the Head of Regulation of the RICS.
Head of regulation can initiate one of the following:
- Fixed penalty notice - Breaches relating only to the supply of information to the RICS by firms and members.

• Regulatory compliance order - Minor breach which could be easily corrected - A written document stating that members and/or firms must take action.
• CPD sanctions - Members must follow CPD requirements.
• Disciplinary panel - Serious breach - Head of Regulation considers if a hearing is required.

Question 5

What are the outcomes of the initial investigation stage?

Answer 5

• Serve a fixed penalty notice
• Make a Consent Order
• Refer the matter to the Regulatory Tribunal for consideration under the discipline rules

Question 6

What is a consent order?

Answer 6

• Procedure used for low level breaches of the Rules relating only to the supply of information to the RICS by firms and members.
• The Consent Order is a written document which states the terms upon which the member or firm must take or desist from taking certain actions in a specified time period.

Question 7

What are the FIVE penalties available to the Regulatory Tribunal?

Answer 7

1. Compliance Order.
2. Unlimited fine per breach (proportionate to the offence).
3. Impose conditions upon future continued RICS registration.
4. Expulsion from membership or remove a firm.
5. Publication of results (Modus Magazine, RICS website and local newspaper).

Question 8

What does the Appeal Panel do in disciplinary proceeding/what power do they have?

Answer 8

• Consider a member’s or firm’s appeal to the outcome of a disciplinary procedure.
• Review the evidence previously presented and any new representations.
• Can allow the appeal and vary the penalty previously imposed.

Question 9

What does the Appeal Panel do in disciplinary proceeding/what power do they have?

Answer 9

• Consider a member’s or firm’s appeal to the outcome of a disciplinary procedure.
• Review the evidence previously presented and any new representations.
• Can allow the appeal and vary the penalty previously imposed.

Question 10

Who makes up the Appeal Panel?

Answer 10

50% of the membership of this panel are lay members.