Ethics, rules of conduct and professionalism Flashcards
What is the role of RICS?
promotes and enforces the highest professional qualifications and standards in the development and management of land, real estate, construction and infrastructure.
What are the key functions of RICS?
develops and enforces leading international standards to protect consumers and businesses, ensuring the highest level of professionalism is employed across the built and natural environment.
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. The terms of each Charter are therefore somewhat different, depending on the individual requirements of the type of organisation that is being incorporated.
Who is the current RICS president?
Ann Gray RICS President, FRICS Ann became RICS President in January 2023.
What do you understand by the term self-regulation?
the ability to control your behavior and manage your thoughts and emotions in appropriate ways.
Can you tell me what you understand by the principles of better regulation?
five principles which the Better Regulation Task Force devised in 1997:
* Proportionality
* Accountability
* Consistency
* Transparency
* Targeting
The Principles are a useful toolkit for measuring and improving the quality of regulation and its enforcement, setting the context for dialogue between stakeholders and government.
What is a Bye-Law?
Byelaws are effectively local laws to deal with local issues. They are made by a body, such as a local authority, using powers granted by an Act of Parliament, and so are a form of delegated legislation. Some byelaws are made by private companies or charities that exercise public or semi-public functions, such as airport operators, water companies or the National Trust
Byelaws generally require something to be done - or not done - in a particular location. As the non-observance of a byelaw result in a criminal offence tried in a Magistrates’ Court, they must be approved by central government before they can come into force.
Give an example of one of the RICS Bye-Laws.
BYE-LAW 1: APPLICATION AND DEFINITIONS
BYE-LAW 2: MEMBERSHIP AND REGISTRATION
BYE-LAW 3: DESIGNATIONS - Chartered Members shall be entitled to use Designatory Initials or Designations
BYE-LAW 4: CONTRIBUTIONS TO FUNDS - B4.1 Fees, Subscriptions and other payments
BYE-LAW 5: CONDUCT -
BYE-LAW 6: GOVERNING COUNCIL, OFFICERS AND STAFF
BYE-LAW 7: SUBORDINATE BOARDS, COMMITTEES AND GROUPS
BYE-LAW 8: PROCEDURE FOR GENERAL MEETINGS
BYE-LAW 9: ACCOUNTS AND AUDIT
BYE-LAW 10: GENERAL
Explain to me the new RICS Rules of Conduct - what do they replace?
The new Rules of Conduct is a single document which replaces the old Rules of Conduct for members, Rules of Conduct for firms and global ethical principles. from February 2, 2022.
What are the 6 ethical principles that the Rules of Conduct are based on?
honesty, integrity, competence, service, respect and responsibility.
What are the 5 Rules?
Rule 1
Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS
1.6 Members and firms are open and transparent with clients about their fees and services.
1.3 Members and firms identify actual and potential conflicts of interest throughout a professional assignment and do not provide advice or services where a conflict of interest or a significant risk of one arises, unless they do so in accordance with the current edition of Conflicts of interest, RICS professional statement.
Rule 2
Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
2.1 Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently
2.6 Members and firms stay up to date and comply with relevant legislation, codes of practice and other professional and relevant technical standards. Firms ensure that their directors, partners and employees do so.
Rule 3
Members and firms must provide good-quality and diligent service.
3.1 Members and firms understand clients’ needs and objectives before accepting any professional work
3.7 Members and firms communicate with clients and others clearly and in a way they can understand.
Rule 4
Members and firms must treat others with respect and encourage diversity and inclusion.
4.1 Members and firms respect the rights of others and treat others with courtesy.
4.3 Members and firms do not bully, victimise or harass anyone.
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.
5.4 Members and firms respond to complaints made against them promptly, openly and professionally
5.9 Members and firms take appropriate action when they consider that the rules have been breached, and report suspected significant breaches of the Rules of Conduct by themselves or others to RICS.
What are the core professional obligations of firms and members to RICS?
The following professional obligations to RICS are mandatory for RICS members.
Members must comply with the CPD requirements 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.
The following obligations are mandatory for RICS-regulated firms.
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 principal must make 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 are required to report under the Rules for Registration of Firms.
What disciplinary procedures can the RICS impose?
a impose a Fixed Penalty or
b make a Regulatory Compliance Order or
c refer the matter to a Single Member of the Conduct and Appeal Committee
In what circumstances can the disciplinary procedures be imposed?
following an enquiry or investigation and where a Regulated Member (either an individual Member or RICS-Regulated Firm) has been found to be liable to disciplinary action.
When did RICS last update their disciplinary panel rules?
RICS Disciplinary, Registration and Appeal Panel Rules - Version 8 (with effect 1 October 2019)
