Ethics Flashcards
1
Q
How many Rules are there?
A
5
2
Q
What are the 5 Rules of Conduct?
A
- Members and firms must be Honest, act with Integrity and comply with their professional obligations, including obligations to RICS
- Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise
- Members and firms must provide good quality and diligent service
- Members and firms must treat others with respect and encourage diversity and inclusion
- 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
5 rules in short
1. Honesty
2. Competence
3. Service
4. Respect
5. Public interest
3
Q
What are the five Principles underpinned by the Rules of Conduct?
A
- Proportionality
- Accountability
- Consistency
- Targeting
- Transparency
PACTT - Proportionality, Accountability, Consistency, Targeting, Transparency
4
Q
How many professional obligations are there?
A
3 for members
7 for firms
10 in total
5
Q
What are the professional obligations for Members?
A
- Members must comply with CPD requirements (20 hours) set by RICS
- Members must cooperate with RICS
- Members must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf
6
Q
What are the professional obligations for Firms?
A
- Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log
- Firms must ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS
- Firms with a sole principle must amend appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work
- Firms must cooperate with RICS
- Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf
- Firms must display on their business literature, in accordance with RICS’ published policy on designations, a designation to denote that they are regulated by RICS
- Firms must report to RICS any matter that they required to report under the Rules of the Registration of Firms.
7
Q
What are bye Laws? and How many are there?
A
These are the enabling principles underpinning rules and regulations
THERE ARE 10 BYE-LAWS
8
Q
What are regulations?
A
These build on the bye-laws with details about things like fees and membership.
THERE ARE 10 REGULATIONS
9
Q
What is the Royal Charter?
A
This means RICS has a seat on the privy council to advise the Crown (His Majesties Government)
Royal charter requires members to promote the profession for the Public Benefit
- Self Regulation
- ‘Gold Standard of excellence’
RICS members need to think about ‘public benefit’ that is the Royal Charter difference
10
Q
Professional Indemnity insurance (PII) what are the run over limits?
A
100,000 = 250,000 cover
100,001-200,000 = 500,000 cover
200,001 = 1 million cover
- Buy from specialist insurer recommended by RICS
- Assigned Risks Pool - Short term cover provided by RICS for regulated members who are unable to gain cover elsewhere
- On each claim basis
- Retroactive claims made basis
- Run off cover (6 years)
- Full Civil liability
11
Q
What is indeminty insurance?
A
- Ensures that the amount of cover purchased is consistent with the nature of your firm’s practice and proportionate to the risk taken by your firm
- always consult specialist insurance brokers in arranging your firms’ PII
VOA? Crown takes the risk
12
Q
What complaints handling procedure?
A
- A firm must operate a Complaints Handling Procedure (CHP)
- it must include a redress system
a firm must have a complaints handling officer and a complaints handling log - CHP are free of charge to the complainant initially but some B2B complaints may be part paid if the ADR process is used
- Sole traders can’t deal with complaints themselves
- understand your own CHP and process for dealing with complaints
13
Q
Complaints Handling Procedure Time limit for RICS Complaint Policy ?
A
- acknowledge within 7 days
- Substantive reply within a further 21 days (total 28 days)
- 2nd stage redress system if client dissatisfied
Example redress system scheme - The property Redress Scheme (used by agents) or The Proeprty Ombudsman
14
Q
How do you continue professional development?
A
- 20 hours min
- 10 must be formal (verifiable learning outcomes)
Record online (or via app)
Every 3 years - Rules and Ethics
15
Q
How to deal with Clients money?
A
in a nutshell
- seperate named account
- must be able to identify client
Some detail:
- firms must preserve the security of client’s money entrusted to its care, during, its practice or business
- Money must be clearly linked to a client in the event of insolvency, misappropriation death of sole practitioner or transfer of money to another organisation
- Money held in seperate client accounts, adequate control by competent staff (a principal cannot override these controls)
- a review fee (including the client’s money insurance levy) is payable if a firm holds clients mo0ney
16
Q
Arrangements for incapacity of Sole Practitioner (Locum)
A
A locum agreement - ensure cover for:
- Long term absence from illness
- death
- long term holiday
- unseen or unavoidable events
can be another RICS member or another suitably qualified professional e.g. a Solicitor
17
Q
Money Laundering Regulation 2017
A
‘illegally obtained money purchasing large items - such as property’
more due dilligence needed from e.g. stringent ID checks, cannot accept large cash payments (over 10,000 euros) , firms must have a money laundering officer, keep up to date records and perform AML check on clients
- found to have assisted in money laundering? 14 years in prison/unlimited fine
found to have tipped the person off about an investigation? 5 years in prison
18
Q
RICS Regulated Firms - What firms are required to register?
A
A firm is required to register for regulation by RICS if:
a) the firm provides surveying services to the public
b) the firm is operating in the UK
c) at least 50% of the firm’s principals are RICS members
RICS members who are also Principals of a firm that is required to register under Rule 3 must take all reasonable steps within their power to ensure that an appropriate application to register for regulation by RICS is made on behalf of the firm
19
Q
RICS Regulated Firms - what firms are eligible to register?
A
A firm is eligible to register for regulation by the RICS if:
- the firm provides surveying services to the public
- at least 25% of the firms principals are RICS members
20
Q
RICS Regulated Firms - what do you need to be registered?
A
- Adequate professional Indemnity insurance
- A complaints handling procedure
- Security of clients money
- Comply with the employment legislation
a training programme for your employees
individual RICS professionals are required to carry out CPD
21
Q
What are the strengths of Regulated by RICS?
A
- practise to globally recognised standards
- behave ethically and act with integrity and honesty
- have the required skills and competence to do the job
- manage conflicts of interest transparently
- safeguard the security of client money
- manage its finances appropriately
- provide adequate and approporiate indeminty for its work
- handle complaints and disputes fairly
The RICS monitor via annual returns and occasional visits to ensure compliance. High risk areas (more likely to get a visit) will be:
- valuer registration scheme
- handling client’s money
- PII cover
- Complaints
- CPD monitoring
22
Q
What are the advantages of being RICS?
A
- Status
- Recognition
- Knowledge
- Network
- Market advantage
23
Q
When was RICS Founded?
A
1868
24
Q
When was the RICS Royal Charter Granted?
A
1881
25
What is the Role of RICS?
1. Maintain highest standards of education and training
2. Protect consumers through strict regulation of professional standards
3. To be leading source of information and independent advice on land, property, construction, and associated environmental issues
26
What is the RICS UK Structure
- 4 National Associations
- 10 Regional Boards
- Local Associations
27
What is the RICS Governance Structure?
- Privy Council - Advisory board to Monarch and Ministers
- Governing council provides management and strategic direction - 25 members
- Regulation board, management board and various committees report to governing council
- 17 specialist professional groups covering property, land etc
- Each professional group has elected board and is responsible for outlining standards of competence and practice
- Chair of governing council
- Chief executive
- President
28
What is the Levitt report
Criticism of RICS governance as a result of poor financial controls. Reputation damage. apologies for wrongful dismissal of 4 non-executives who raised concerns. Review of internal governance, advice to increase board members.
The governing council made a public apology to the 4 non-execs and published a values statement in response to the Levitt Review:
- Integrity
- Transparency
- Inclusion
- Collaboration
- Advisory
- Passion
Lord Bichard to lead an independent review into RICS purpose, governance and strategy
28
Who was it to lead an independent review into RICS purpose, governance and strategy?
Lord Bichard
29
What to do if you don't know if something is ethical?
Refer to the Ethics Decision Tree
30
What is the Ethical Decision Tree?
Questions to go through when you are asked to act in a potentially manner or situation
31
What are Disciplinary Procedures?
Levels of disciplinary action:
1. action by head of Regulation
2. Regulation tribunal
3. appeal panel
Most common breaches are ethical/professional behaviour, CPD, and client's money.
32
What are the penalties available to Regulatory Panel?
- Compliance order
- Unlimited fine per breach but proportionate
- Conditions on future RICS registration
- Expulsion of member/firm
33
What are the options for disciplinary action?
- Fixed penalty notice
- Regulatory compliance order
- CPD Sanctions
- Refer matter to Regulatory panel
34
RICS Hierarchy of publications?
1. Rules of Conduct (for firms and members)
2. International Standards (Mandatory)
3. Professional Statements (Mandatory)
4. Practice Statements (Mandatory)
5. Guidance Notes (voluntary)
6. Codes of Practice (mandatory or Recommended Good practice)
35
ToE - Consumer Rights Act 2015 give?
14 day cooling off period
36
Why would you decline work?
- Not competent
- insufficient facts
- Proposed client will not sign ToE
- Conflict of interest
- PII cap cannot be agreed
- Advice on a pro bono basis (charity) and PII will not cover
37
What is a conflict of interest?
Arises when members independence/impartiality threatened due to existing conflict between clients:
- Financial Interest
- Personal interest
- commercial relationship
- Acting on both sides of transaction
38
What is conflict avoidance?
do not accept the instruction
39
what is conflict management?
accept instruction, but written steps are agreed with all parties, and conflict is managed with information/ethical barriers
40
What does the RICS Global professional Statement on Conflicts of interest 2017 state?
Mandatory from January 2018
- States members must not advise clients where conflicts exist unless informed consent of all parties affected
- informed consent only allowed when proceeding is considered is in interest of all who may or are affected and is not prohibited by law
- all firms must have an affective system to ensure compliance with statements
- all firms must keep records to show compliance
41
What are the 3 types of conflict?
1. Party conflict - same or related work instructed for two different parties
2. own interest
3. Confidential information conflict - relating to work between two parties that is confidential
42
How to get informed consent?
- only in writing. Person explaining must be transparent and sure party affected understands what they are doing
- surveyors should only seek informed consent if satisfied all parties are bes5t served by doing so
43
How do you manage a conflict of interest?
1. Conflict avoidance - do you accept or void
2. Written advice to both parties
a. Disclose nature of conflict and set out how firm wishes to deal with conflict (information barriers)
b. be clear - ensure parties make own decision (suggest independent advice)
c. request written informed consent to act in accordance with procedure proposed
3. Conflict management - set up procedure agreed in informed consent (information barrier)
44
What is information barriers?
- Robust to ensure no information is past
- Reasonable steps taken to operate effective barriers
- Seperate surveyor on both sides, physically seperate (different building or floor)
- information should be securely stored
- clear audit trail - firm's compliance officer must oversee actions
45
What is confidentiality?
- RICS Bye-laws state client confidentiality must be maintained at all times
- Includes historic information provided by client before isntruction
46
Can you give me an example of a behaviour linked to one of the rules of conduct?
I make sure i act with integrity and comply with my professional obligations
for example, I make sure to avoid conflicts of interest
47
Why is PII important?
One of the 7 professional obligations to RICS by firms is adequate and approporiate PII cover.
PII cover is important so the client doesn't face financial loss as well as the firm
48
Who does PII protect?
The Client and the firm/insured member
49
Tell me what you know about the bribery act?
Bribery Act 2010 - there are 5 offences
1. Giving a bribe
2. Taking a bribe
3. Bribing an official
4. Bribing a foreign official
5. Not having systems in place to prevent bribery
CRIMINAL OFFENCE - up to 10 years in prison
50
What is the title of the RICS Professional Statement that covers bribery?
Countering Bribery and corruption, money laundering and terrorist financing, 1st edition, feb 2019
51
When you make sure you have the required knowledge and expertise to carry out an instruction and/ or seek guidance, which rule of conduct are you applying?
Rule 2
52
Can you give me a specific example?
I was instructed by HMRC to appraise the value of a flat in Ealing for Inheritance Tax purposes. Prior to taking on this job, i made sure to do my due dilligence and ensure i did not have any conflict of interest. I also made sure that the instruction was within my professional ability and that i had necessary expertise to carry it out.
53
When you treat hardship cases with respect and compassion, which rule are you applying
Rule 4
members and firms must treat others with respect; and encourage diversity and inclusion
54
Tell me about the conflict of interest check you carried out?
I was instructed by HMRC to carry out an valaution for IHT purposes. Once i recieved the instruction, I went into the case file and noted that i had a personal conflict with the executor. I therefore told my manager immediately of my conflict and the case was reallocated
55
How did you know the executor?
family friend
56
Is your employer a regulated firm? WHY?
Yes.
The firm provides surveying services to the public and at least 25% of the firms principles are RICS members
57
What is the most important ROC and why?
There isn't one that is more important than the other they should be held at the same importance and upheld and maintained by all RICS members
58
How many members are there in the RICS?
180,000
59
What is the RICS Motto?
'Modus est Rebus' - there is a measure in all things
60
What information must a firm return annually?
1. Type of business and staffing
2. Statutory regulated activity
3. Nature of clients
4. Complaints handling
6. PII
7. Whether firm holds clients money
61
What must be followed in terms of fee negotitations?
- Must avoid price fixing or aggressive fee cutting
- Fees must be market based and agreed in an ad-hoc basis
- Must make clients aware of recieving referrals fees and state this in ToE
62
What year is the Consumers Rights Act?
Consumers Rights Act 2015
63
What document relates to conflicts of interest?
RICS Conflict of Interest, professional Statement, Effective 1st January 2018
64
What does the RICS Conflict of Interest Professional Statement Document tell us?
- States members must not advise clients where conflicts exists unless informed consent
- Informed consent only allowed when proceeding is considered in the interests of all who may or are affected and is not prohibited by law
- all firms must have effective systems to ensure compliant with statement and must keep records to show compliance
64
What does the RICS Bye-Laws state about confidentiality?
Client confidentiality must be maintained at all times, historic data must be kept for 6 years minimum (15 years ideal)
65
What is informed consent?
Where affected parties have been given consent for a surveyor to continue despite any conflicts, as log as within the law. This must be in writing with those affected fully aware
66
What is negligence?
Where a surveyor has not provided reasonable care and skill for a client
67
What is a locum agreement?
if sole practitioner you must have approporiate arrangement for their professional work in the capacity that they cannot work such as death, long time illness, long term holiday.
68
When do you need to repeat the ethics test?
every 3 years
69
When do you need to complete your CPD as a member?
31st December
70
What are the CPD breaches?
- 1st CPD breach - fixed penalty caution that will remain on members disciplinary record for 10 years
- 2nd CPD breach (within the same 10 years as the 1st), further caution and a fixed penalty
- 3rd CPD breach - potential referral to Disciplinary panel
71
RICS Bye-Laws - RICS Bye Law B5.2.1(a) ?
RICS Bye Law B5.2.1(a)
- every member shall conduct himself in a manner benefitting membership of RICS
- Key principles is self Regulation
- Includes your private left
- Avoid the offence of conduct unbefitting
- Do not be complicit in others bad conduct
72
VOA - How we see outselves?
- VOA has a long tradition of high ethical standards, built into our culture
- We commonly refer to integrity, impartiality and independence being embedded in what we do
73
What RICS Guidance is there for registration of firms
- Rules for registration of Firms (Version 7 with effect from 2/2/2022)
- Guidance on the Rules for the registration of firms and Rules for the use of the RICS logo and designations for firms (with effect from 2/2/2022)
- Rules for the use of the RICS Logo and designation by firms (Version 6 with effect from 2/2/2022)
74
What are the guidance on how we conduct ourselves as a civil service?
- Civil Service Code
- VOA Code of conduct
- RICS Red Book PS 2 (RICS Valuation - Global Standards)
- RICS Rules of conduct
- RICS Conflict of interest Professional Statement 1st edition (Jan 2018)
- VOA Conflict of interest policy (updated January 2020)
DVS Principles and practices Manual, Section 4 - Conflict of interest
75
Why register your firm for regulation by the RICS?
- Confidence
- Professionalism
- Security
Regulation provides a gold standard of quality control for clients
76
What firm is required to register for regulation by RICS?
- Firm provides surveying services to the public
- the firm is operating in the UK
- at least 50% of the firm's Principals are RICS Members
77
What firm is eligible to register for regulation by RICS?
- Firm provides surveying services to the public
At least 25% of the firm principals are RICS Members
78
What are the chanegs in Version 7 of the Rules of Registration of Firms>
minimum policy wording due to unprecedented market conditions (e.g. Covid); allows insurers to set their own fire safety exclusions; excludes liability for EWS 1 forms (i.e. post Grenfell)
79
What do you need to start a new practice?
RICS Compliance steps required
- RICS Firm details form
- Appoint contact officer for all RICS communication
- Register for RICS Regulation
- Register for RICS Registered Valuer Scheme
- Send PII details to RICS
- Get RICS Approval for Complaints Handling procedure (& Appoint Complaints handling Officer)
- Make arrangements for succession (if sole practitioner)
- set up procedures for clients money
- RICS logo kit
80
What PII do you need to get for a new firm?
You will need to forecast
81
Starting a new practice - Statutory compliance required?
- Business Names Act 1985 & Companies Act 1985
- Equality Act 2010
- Financial Services Acts (2000, 2012)
Bribery Act 2010
Money Laundering Regulations 2007
Health and Safety Act 1974 (as amended) + Asbestos Regs
- GDPR 2018 (previously Data Protection Act 1988)
- Estate agents Act 1979; Misrepresentation Act 1967; Consumer Protection Regulations 2008
- HMRC - VAT and Tax Registration
82
who takes risk for PII for VOA?
The crown
83
What is liability Caps?
- A contractual agreement that a client can only claim damages up to the amount agreed, even if the law would otherwise award a greater sum in damages
- Recommended by RICS where legally permissible
- Test: whether reasonable level; whether properly incorporated into contract
84
What is difference between liability cap and the insurance limit?
- A liability cap is an agreement between a member and their client, fixed when they enter into an enagement for professional services
- The insurance limit is set out in the firm's insurance policy and is fixed on the annual PII renewal; it is the maximum amount insurers will pay in any particular claim
85
Liability caps = what constitutes reasonable?
- The level of risk in the engagement
- The level of fees
- The limit on the professional indemnity insurance policy
- The potential liability that might be incurred without a cap
- Relative Bargaining position of the parties
- How effectively the cap is brought tot he client's attention
86
What is the RICS Assigned Risk pool?
- Open to all UK RICS Regulated Firms that are unable to obtain PII
- The APR can provide terms up to a limit of indeminty of 1 million.
- Can be on a 12 month basis or a provisional period of Admission (120 days)
87
What do you need to do to close down a practice
- Inform the RICS
- Inform the clients and make hand over arrangements to the new firm
- Return any monies held by clients
- inform your insurer and procure professional indemnity insurance run off cover for a minimum 6 years and £1 million cover (but RICS recommends 15 years)
- Retain copy of client files and records for a minimum of 6 years
88
What is the limitation Act 1980
- Tort: - 6 years from the date the claimant suffered the loss
- Contract: - 6 years from date of negligent act, breach of contract or omission
- or
- S14A - Alternative limitation period of 3 years from date of knowledge of the damage subject to 15 year long stop fromt he negligent act or omission
89
What is Run-Off Cover?
- From April 2019: RICS clarified that "adequate and approporiate" to mean a minimum of 6 years for consumer claims
- Under the new policy, insurers will provide a £1,000,000 aggregate limit for consumer claims, included automatically in the minimum wording. No Premium payment will be required to trigger this.
- Firms can obtain run off cover for longer periods than 6 years, or with higher cover levels, if they deem that "adequate and appropriate"
- Firms will still be required to take out "adequate and approporate" cover for commercial claims, which RICS would normally expect to cover 6 years after closure
90
What are the 6 principles of the Bribery Act 2010?
- Proportionate
- Top Level Commitment#
- Risk assessment
- Due diligence
- Communication
- Monitoring and Review
91
What is a bribe?
- The giving, offering, promising or receiving of an advantage such as a payment, gift or a service for an action which is illegal or a breach of trust
92
What are the 5 offences of bribery?
- Giving a bribe
- Taking a bribe
- Bribing an official
- Bribing a foreign official
= A new corporate offence of failing to prevent bribery - policed by serious fraud office - unlimited fines/ 10 year imprisonment
93
