Ethics Flashcards
What are the 3 main offenses within the Bribery Act 2010?
- Give bribe.
- Receive bribe.
- Not preventing bribe (corporate).
What are the 5 Rules of Conduct (2022)?
[HI.Com.Dil.Resp.Respy]
1. Honesty and integrity: not influenced by others (tone down vendor’s report).
2. Competence: only undertake work you’re skilled in (structural engineer).
3. Diligence: complete work on time with quality (TDD - meeting deadlines).
4. Respect (diversity): don’t discriminate (let others speak in meetings, treat other respectfully at all times, inclusion training).
5. Responsibility (public interest): complaints [respond quickly] (missed deadline).
You mentioned the 5 ROC, can you just name one of them but give me an example of how you apply it in your day-to-day job?
Honesty and integrity – I’ve been asked to tone down a vendor’s report in the past so I would ensure that I was unbiased when producing the report.
Can you outline what your complaints handling procedure is?
Acknowledgement: within 7 days.
Response: within 28 days.
Can you give me a definition of what a conflict of interest is?
When someone (member or firm) acting for a client has a conflict with another duty.
What would you do if someone made a homophobic comment in the office?
Report it to HR.
What do you need to consider when setting up your own business?
- PII.
- CHP.
- Financial plan.
What procedures does your firm have in place to ensure the delivery of high-quality client care?
- Conflict of interest.
- Good communication.
- Brief from client.
- QA process.
- Meet deadlines.
- Get feedback.
Key principles of teamworking?
- Good communication.
- Inclusive.
- Letting others talk.
- Helping others.
Who does Professional Indemnity Insurance benefit?
- Myself (person who has the cover).
- Client (they have recourse to pursue claim of negligence).
What are the 3 levels of Professional Indemnity Insurance?
- Basic.
- Standard.
- Enhanced.
What do you do about Professional Indemnity Insurance if someone is retiring?
Maintain run-off cover to ensure you’re still protected from claims.
What is run-off cover?
Cover for when an individual/business stops operating.
Requirements for handling client money?
- Pay into a client account.
- Keep money secure.
- Keep records.
[- Unidentified money paid to charity after 3 years].
What types of client account are there?
- General.
- Discrete.
What would you do if someone was unsafe on-site and then you found out they didn’t speak English?
- Report them to site manager.
- If serious then the HSE.
What is the purpose of CPD?
To improve surveyor’s knowledge and keep it up to date.
What do you do with money if you can’t reach a client?
Keep in a secure account for 3 years and then give to charity.
Why did the Rules of Conduct change?
- Simplify.
- Enhance ethical decision-making.
What were the findings of the Levitt review?
- Lack of transparency and accountability for leadership.
- Reputation damage (RICS).
[Review on leadership failures following an internal financial audit]
What were the findings of the Bichard review?
What were the outcomes?
- Reviewed RICS purpose and leadership.
Findings - recommendations
- Reputation damage.
- Changes to the board.
- More accountability.
[Commissioned after Levitt review exposed leadership failures]
What would you do if a contractor offered you a bottle of wine at Christmas?
- I would assess whether it was proportionate and accept if I believed it was or politely reject if not.
- £150 gift limit, £350 events.
Definition of a bribe.
Giving a gift or act to influence someone in an unethical manner.
Can you give an example of a bribe?
Contractor giving me an expensive gift so I award them the contract.
What is a responsible person?
Someone who ensures the fire safety of the building’s occupants.
What would you do if you suspected money laundering?
Check details and report to National Crime Agency.
What 3 key things are needed before determining if you can take on an instruction?
- Competence.
- Conflict of interest.
- Resources.
Follow on from “What 3 key things are needed before determining if you can work?” - What should you have signed?
Terms of engagement.
What goes into terms of engagement?
Scope of services, limitations.
What is third party reliance?
When a third party relies on the advice of another party who weren’t part of the original contract.
Would you accept a gift from anybody?
If it’s proportionate and if you feel like it’s not influencing a business decision. [Also consider timing of gift].
Your company have a gift policy, do you know what the requirements of that are?
There’s a monetary value attached - a gift is below £150 or an event is below £500. Again, you’d have to look at proportionality and timing as well.
What is a locum?
Another professional who is appointed to ‘stand in’ for the surveyor if they are unable to work, e.g. in the event of an accident/illness/death etc.
Who can be a locum?
Another Chartered Surveyor, solicitor.
How is a locum appointed?
In writing.
How do you reduce the risk of taking a bribe or what are the procedures you would follow to make sure you are aware of a bribe, apart from more training?
Follow company procedures - gift is below £150 or an event is below £350. I would look at proportionality and timing as well.
Can you give me 3 things that would constitute a bribe?
Money.
Gifts.
Favours.
Can you define fraud?
Deceiving someone for personal gain.
Is knowingly putting down the wrong information on a form considered fraud?
Yes, because you are knowingly deceiving someone for personal gain.
You notice on an inspection your established client is dealing in the slave trade, what would you do?
Report it to police (required under The Modern Slavery Act 2015), terminate the relationship with the client.
In France, do you still need to comply with the Bribery Act 2010?
Yes, because I work for a UK based firm and the Act applies overseas.
What is the Bribery Act 2010?
Anti-corruption law that makes bribery illegal.
A client in France gives you your fees in cash of €9,000. Can you accept this?
Best practice to use methods that are traceable i.e. bank transfer. Cash is open to legal and ethical breaches.
1) If your client is offering a gift to you and not accepting it would be against their cultural beliefs should you accept it, even if it will cause a deteriorating relationship between you and your client to refuse it?
2) What if the gift was tickets to a charity gala?
1) - I would accept the gift but donate it to charity.
- Register the gift and inform manager.
2) I would inform them that my company has a gift limit of £150 for gifts and £350 for events and that if the value of the tickets exceeds this then I would be unable to attend.
You stated that you’ve read the RICS guidance note on anti-bribery and corruption, can you tell me some key points from this?
- Firms can’t offer or accept bribes.
- Firms must have systems in place complying with bribery and corruption legislation.
- Regular training should be provided to employees.
What must RICS registered firms do?
- CHP.
- PII.
- CPD.
- ROC [adhere to].
- CMH.
- Appoint Responsible Principal [ensures compliance with RICS standards].
How do you deal with conflict of interest for example with dilaps if you and another surveyor are from the same firm but they are acting for the landlord and you receive a tenant enquiry?
Outsource to my enquiry to another firm.
What 4 types of insurance do sole trading building surveyors need?
- PII.
- Employer’s liability.
- Building.
- Building content’s.
What are some of the RICS bye-laws?
- Membership (MRICS, associate members).
- Accounts and audit.
- Conduct.
[- Fund contributions.]
[10 bye-laws]
ROC: What are the 10 professional obligations which need to be followed by members and firms?
- PII [firm].
- CHP (include ADR and complaint log) [firm].
- Locum (sole practice) [firm].
- Co-operate with the RICS [member/firm].
- Provide information to Standards and Regulation Board (SRB) [member/firm].
3 for members.
7 for firms.
What is the RICS guidance for client money handling?
RICS Professional Standard: Client Money Handling.
Can you explain what the Merrett v Babb case law?
What is the significance of this?
- Babb valued Merrett’s house which was found as negligent.
- Company he worked for no longer existed.
- Claims can be brought against individuals.
- Importance of run-off cover.
Ethics - Quarry Wood Industrial Estate:
- Details of instruction (service, spec, contract value/claim amount etc)?
- Issues encountered?
- TDD (vendors).
- Survey of industrial estate.
- Cracking to slab: not in my expertise.
- Cracking: result of historic water damage.
- Checked: size and width of crack, externally - any blocked drains or trees (water), movement joints.
Ethics - 2 and 8 Acre Road:
- Details of instruction (service, spec, contract value/claim amount etc)?
- Issues encountered?
- TDD.
- Delaminating roof sheets: downplay severity of defect.
Why do you want to join the RICS?
What do the RICS do?
What is the Privy Council and Governing Council?
- Privy Council: gives RICS its legal status and approves changes to the constitution.
- Governing Council: leads RICS, sets the overall goals.
What are the reasons for disciplinary action?
What are the types of disciplinary?
- Breach of bye laws (not maintaining CPD).
- Misconduct.
- Fixed Penalty.
- Regulatory tribunal.
[One more]
