Ethics, rules of conduct and professionalism Flashcards
Why do you want to become a member of RICS?
It demonstrates a high level of competency and professionalism to clients
What is the role of RICS?
RICS develops and enforces leading international standards to protect consumers and businesses, ensuring the highest level of professionalism.
What are the key functions of RICS?
- Advancing the highest ethical and technical standards for professionals in land, property and the built environment.
- Protecting and providing benefits to consumers by enforcing standards and codes of best practice.
- 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 King, which confers independent legal personality on an organisation and defines its objectives, constitution and powers to govern its own affairs.
Who is the current RICS president?
Ann Gray
What do you understand by the term self-regulation?
Self-regulation is the ability to understand and manage your behaviour and your reactions to things happening around you.
Can you tell me what you understand by the principles of better regulation?
It provides guidance on how regulators should regulate
What is a bye-law?
a regulation made by a local authority or corporation
What is an example of an RICS bye-law?
Every member shall conduct themrselves in a manner befitting membership of RICS
Explain to me the new RICS Rules of Conduct - what do they replace?
Rule 1- Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS
Rule 2 - Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
Rule 3 - Members and firms must provide good-quality and diligent service.
Rule 4 - Members and firms must treat others with respect and encourage diversity and inclusion.
Rule 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.
They replaced the existing Rules of Conduct for Firms and for Members and the Global Professional & Ethical Standards
When did the new Rules of Conduct take effect?
The Rules of Conduct are effective from 2 February 2022
Who do Rules of Conduct relate to?
They are standards to protect consumers and businesses, they apply to all members and regulated firms
What are the 6 ethical principles that the Rules of Conduct are based on?
The Rules of Conduct are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.
Give an example behaviour for each Rule of Conduct?
- Act with honesty/integrity - members should not mislead others by their actions
- Maintain professional competence - Ensure work is work undertaken competently and maintain knowledge via CPD
- Provide good quality and diligent service - understand clients needs and objectives to provide high quality service, data protection risks
- Treat others with respect - covers diversity and inclusion to avoid discrimination and unconscious bias
- Act in public interest - taking responsibility for own actions e.g. complaints handling
What are the core professional obligations of firms and members to RICS?
These include requirements for CPD, professional indemnity insurance, complaints handling, sole principal arrangements, and cooperation with and regulation by RICS
What disciplinary procedures can the RICS impose?
Only serious breaches of the rules are likely to result in disciplinary action; minor breaches can be dealt with through self-correction or firms’ processes.
Disciplinary actions are:
* fixed penalty - a fine
* consent order - A Consent Order is a formal written agreement between RICS and the Member or Firm, requiring: the Member or Firm to take corrective action or refrain from taking certain actions within a specified period of time * the Member or Firm to pay a fine and/or costs where appropriate.
* disciplinary panel for more serious breaches - A Disciplinary Panel’s role is to hear disciplinary cases involving Regulated Members, to make findings of fact in relation to allegations brought by RICS, in order to determine whether a Regulated Member is liable to disciplinary action and, if so, whether a sanction should be imposed.
In what circumstances can disciplinary procedures be imposed?
Where a complaint or concern about a Regulated Member (RICS professional or RICS-regulated Firm) is investigated by RICS and is considered serious enough and supported by evidence
When did RICS last update their disciplinary panel rules?
Feb 2022
What are the different levels of action within the disciplinary procedures?
Fixed penalty notices, Regulatory compliance order, Sanctions
What do you understand by the term professional practice?
Professional Practice is a term used to describe activities which will help you apply your knowledge to your industry, job role or workplace.
What money laundering regulations or legislation are you aware of?
The Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022 and Proceeds of Crime Act 2002
What is a red flag of money laundering?
Large cash payments, unexplained payments from a third party, or use of multiple or foreign accounts
What bribery legislation are you aware of?
The Bribery Act 2010
What is a bribe?
A bribe is an illegal or unethical gift or lobbying effort bestowed to influence the recipient’s conduct.