Ethics, Rules of Conduct and Professionalism Flashcards

1
Q

What are the updated rules of conduct?

A

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.

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2
Q

Why were the rules updated?

A

The previous rules had been in place since 2007.
Following research and consultation with RICS Members, Firms and Members of the public, the majority voted in favour of replacing the existing Rules of Conduct and separate Global Professional and Ethical Standards.
This was to provide a single document to enable greater clarity for RICS members and firms.
I also understand there is now a greater focus on clearer example behaviours, understanding evolving technology and tackling climate change.

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3
Q

How have the rules changed?

A

The Rules of Conduct October 2021 Global Practice Statement will overhaul the previous separate documents:
Rules of Conduct for Members.
Rules of Conduct for Firms.
Global Professional and Ethical Standards.
Appendix A of the Rules of Conduct now contains the professional obligations of Members and Firms.

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4
Q

What are the benefits to a RICS guidance note?

A

This is a guidance note. It provides advice to RICS members on aspects of their work. Where procedures are recommended for specific professional tasks, these are intended to represent ‘best practice’, i.e. procedures which in the opinion of RICS meet a high standard of professional competence

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5
Q

What are AECOM’s Procedures and Policies?

A

AECOM Policies, procedures and forms can be found on the company’s intranet page.
Examples include:
Ethical behaviour is the basis for everything we do.
AECOM is committed to treating its employees fairly and providing each of us with opportunities for advancement and growth.
Teamwork, mutual respect and trust, and open communication are the foundation of AECOM’s culture.
AECOM strives to be a responsible corporate citizen in the communities in which we operate.
Meeting clients’ needs is of utmost importance.
We are committed to compliance with the laws, rules and regulations applicable everywhere we conduct business.

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6
Q

What are member obligations to the RICS?

A

Members must comply with the CPD requirements set by the RICS which requires 20 hours of CPD for each calendar year, 10 hours of which must be formal CPD.
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.

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7
Q

What are firms’ obligations to the RICS?

A
  1. Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS and maintain a complaints log.
  2. 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.
  3. 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.
  4. Firms must cooperate with RICS.
  5. Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
  6. 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.
  7. Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.
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8
Q

What are the CPD requirements?

A

Members must comply with the CPD requirements set by the RICS which requires 20 hours of CPD for each calendar year, 10 hours of which must be formal CPD.
48 hours required when sitting your APC
A minimum of 20 hours CPD must be achieved per calendar year, of which a minimum 10 hours must be formal.
Members must undertake learning on the standards expected around RICS Ethics on a rolling 3-year period.
All CPD’s must be recorded via the RICS on-line management system.

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9
Q

Why is it important to follow a rules of conduct?

A

To provide a framework that we can all work to and so the client knows he is getting a set level of service.
As well as being an important tool for the Institution, the Rules of Conduct are also a useful professional guide for individual institution members.

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10
Q

What is due diligence?

A

Reasonable care and caution exercised by a person who is buying, selling, giving professional advice, etc., especially as required by law to protect against incurring liability
The process of gathering or disclosing relevant and reliable information about a prospective sale, purchase, contract

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11
Q

What is a conflict of interest?

A

A conflict of interest is where someone in a position of trust has competing personal or professional interests making it difficult for them to fulfil their duties impartially.
An existing relationship will result in reduced impartiality and Chartered Surveyors have an obligation to make clients aware of this and if necessary, decline work opportunities where a conflict of interest occurs.

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12
Q

If the client was insistent that you worked for them despite an existing conflict of interest, how would you proceed?

A

I would check the clients understanding of the conflict of interest.
I would then make the client aware of the potential for reduced impartiality.
If they were still insistent on the appointment, I would seek a letter of instruction from the client to continue.
Following the appointment I would agree on working procedures to manage the conflict of interest with the client and the teams involved.

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13
Q

How could the conflict of interest be managed internally if two separate departments were working for the same client?

A

I could put in place procedures to ensure the exclusivity of staff.
This would avoid any cross-over of information between the departments.
I would also ensure that there are separate communication lines into the client.
Separate geographical locations and secure office and data storage would also need to be provided.
Staff could also sign up to confidentiality or non-disclosure agreements.
I would also need to monitor the potential conflict and keep the client updated on progress.

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14
Q

Why is it important to agree to Terms & Conditions

A

Together with the Engagement Letter, the T&C’s will form the contract between our Firm and the Client.
Our terms of business are made up of around 14 Sections including:
Our firms General Obligations to the client which is to provide ‘Services’ detailed in the Engagement Letter with the skill, care and diligence expected of a professional person.
The Client’s General Obligations for example they are not to solicit any Partner or Employee with a job offer, if this occurs they must pay £35,000.00 compensation.
Additional Service terms for example this sets out the entitlement for additional fees if the work scope varies.
My firms’ liability for example any claims raised are to be against the company and not any Partner or Employee.
Payment terms and interest entitlement in the event of late payment.
Termination and Suspension terms which have a minimum 7 days notice to suspend the works.
Force Majeure terms for example the company is not liable for failure to carry out its service obligations if this occurs.
Intellectual Property Rights relating to copyright of documents provided by the firm.
Assignment and Subcontracting terms set out the requirements for written consent from other either party.
Formal communication is to be in writing to the addresses set out within the Engagement Letter.
Problems and Complaints handling procedures are included within the terms of business.

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15
Q

Why is it important to take care when handling client data?

A

If signed up to an NDA with a client I ensure complete confidentiality and am not able to talk about these projects with colleagues who are not party to the project.
I use lockable and secure document storage for hard copy documents. The electronic information is kept securely on encrypted servers.
I am always sure to lock my computer when away from my desk and comply with my firms IT security policies for example attendance at Cyber security courses and regularly updating my passwords.
If I am sharing or processing information not available in the public domain from a previous project I always obtain the clients written permission to do so.

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16
Q

What is the defects liability period?

A

The defects liability period is the duration at the end of the contract, usually 52 weeks after the Substantial Completion Certificate has been issued whereby the contractor undertakes to rectify any defects that arise within the structure at the contractors expense, providing they were due to materials & workmanship not being in accordance with the contract.
In the event that the contractor failed to rectify any defects the employer may employ another contractor to carry out the works & recover the cost of doing so from the Main Contractor.
The retention money retained may be used to cover the costs of making good.

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17
Q

What contract did you work under on the Dorset studio school job?

A

JCT Minor Works

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18
Q

What is Part H of the building regulations?

A

Drainage and Waste Disposal

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19
Q

Why did the proposal not comply?

A

Section 2.3 – Foul Drainage should be connected to a public foul or combined sewer wherever this is reasonably practicable. For small developments, connections should be made to a public sewer where this is within 30m provided that the developer has the right to construct the drainage over any intervening private land

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20
Q

Why was the floor drainage not included as a defect?

A

The floor drainage was never included as part of the design and was an afterthought after consultation with the cleaners.

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21
Q

Why was the decision followed up in writing?

A

Ensuring all parties were aware of the decision and good record keeping

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22
Q

What are the types of conflicts of interest?

A

Own
Party
Confidential

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23
Q

What is the meaning of the RICS Motto?

A

There is measure in all things

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24
Q

What is the Mission Statement of the RICS?

A

To qualify and equip their members to offer the highest standards of professional service.
To promote and enforce standards
To lead solutions to the major challenges facing the built environment through professional expertise.

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25
Q

When was the RICS founded?

A

It was founded in 1868.

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26
Q

How is the RICS Structured?

A

The RICS was founded in 1868 with the Royal Charter being granted by the Privy Council in1881.
The RICS is self-regulated and internally monitored meaning that it is not regulated by the Government or external parties.
The Bye-Laws determine how the RICS is regulated.
The Governing council manage and agree the strategy for the RICS.
The Regulatory board, audit committee and management board are beneath the governing council and execute the strategy set by them.

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27
Q

What are the RICS’ 5 principles of better regulation?

A

Proportionality.
Accountability.
Consistency.
Targeting.
Transparency.

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28
Q

What is the difference between RICS ethics and rules?

A

Ethics are a set of moral values.
Rules of conduct are a framework that we work to.

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29
Q

How many Global Professional and Ethical standards are there?

A

From the 2nd February 2022 onwards the Global Professional & Ethical Standards have been
consolidated within the New Rules of Conduct 2022.

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30
Q

Why does the RICS have Rules of Conduct?

A

To provide a framework that we can all work to and so the client knows he is getting a set level of service.
As well as being an important tool for the Institution, the Rules of Conduct are also a useful professional guide for individual institution members.

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31
Q

Your brother-in-law is a chartered surveyor. You find out that he is working outside the RICS Rules of Conduct. What do you do?

A

I verify the facts and confront him reminding him of his duties as a member of the RICS.
I inform the RICS specifying my relationship to the person and any corrective action which I believe my brother-in-law is committed to put in place.

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32
Q

In the case of a breach of a rule of conduct what is the procedure?

A

Not every shortcoming will necessarily give rise to proceedings.
A formal investigation by the Head of Regulation of the RICS is the first step in the process.
The RICS can request information and/or visit and inspect to investigate compliance.
Members must cooperate fully with all enquiries.

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33
Q

How can a disciplinary proceeding be triggered?

A

Someone complaining to the RICS.
An allegation by a client or third party.
Information received or established by the RICS.

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34
Q

What three actions can be imposed after the end of the investigation
stage?

A

Fixed penalty.
Consent order.
Disciplinary panel.

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35
Q

What are fixed penalties?

A

A fine by the RICS.

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36
Q

What are consent orders?

A

It is a written agreement between the RICS and a member or firm concerning a disciplinary issue on a
breach of the RICS rules.
It can require the member to take certain corrective actions, or restrain them from taking certain actions for a specified period of time and may require them to pay a fine or costs.

37
Q

When is a disciplinary panel applicable?

A

They are used for more serious breaches of conduct.
The panel will usually be held in public.
The burden of proof is on the RICS.
A balance of probabilities approach will be adopted.

38
Q

What sort of breaches would expulsion be suitable for?

A

Gross, persistent or willful failure to comply with an RICS rule of conduct.
Fraud, dishonesty, conviction of a serious criminal offence, gross incompetence, deliberate discrimination, misappropriation of a client’s money.

39
Q

What procedures must you follow if you are starting up a new practice?

A

Contact the RICS for guidance and obtain a company start up pack.
Inform the RICS and register for regulation.
Appoint a contact officer for all RICS communication.
Prepare a complaints handling procedure.
Obtain Professional indemnity insurance cover.
Abide by the Rules of Conduct for Firms.
Use the designation ‘Regulated by RICS’ on all practice material.

40
Q

Would you advertise your new company in the press?

A

Yes as long as it is in a trustful and responsible manner in line with the Rules of Conduct for Firms

41
Q

What insurances would you need if you were starting up your own
firm?

A

Professional Indemnity Insurance.
Employer’s Liability.
Public Liability.
Building’s insurance of an office premises

42
Q

What sort of information do registered firms have to send to the RICS annually?

A

It is called annual return and carried out on-line.
Failure to do so leads to a fixed penalty.
It includes:-
o Type of business and staffing.
o Nature of clients.
o Training provision.
o Complaints handling procedures details and records.
o PI insurance details.
o Whether the firm holds clients’ money.

43
Q

What processes do regulated firms need to put in place when handling Clients’ Money?

A

Preserve the security of clients’ money which does not belong wholly to the company.
RICS regulated firms that operate a client account must:-
o Set clear segregation of duties for employees.
o A Principal oversees the client money accounting functions.
o Principles cannot override controls.
o Competent and knowledgeable staff are to process clients’ money with cover provided for long term absence.
o Accounting systems and data must be secure.
o Client money must be kept separate and clearly identifiable with the word ‘client’ included in the bank account name.
o Clients must always have access to funds.
o We must agree the terms and advise the client on bank details.
o The account must not be overdrawn.
o We must maintain client ledgers and provide a running balance.

44
Q

What are the different types of client money accounts?

A

General accounts hold money for more than one client.
Discrete accounts reference a single named client.

45
Q

What is meant by the term Negligence?

A

A duty of care is owed to all clients and 3rd parties using reasonable skill and care.
If it is breached due to Negligence a claim may arise resulting in damages being paid or a Professional Indemnity Insurance claim.
Negligence is a failure to provide the duty of care that is owed to the client.

46
Q

Tell us about the Merrit V Babb case law?

A

This case dates back to 2001 and highlights the importance of having run-off cover in place.
A surveyor was sued for negligence by a former client.
Because the surveying firm was no longer in existence therefore the individual surveyor was pursued for damages successfully.
This caused a big shock in the industry and highlighted the need to ensure that run-off cover is in place for all previous employees.

47
Q

What limitation periods are associated with underhand and deed forms of contract?

A

6 years when executed under hand.
12 years when executed as a deed.

48
Q

What must a complaints handling procedure include?

A

The RICS provides a model form.
The process must include a redress mechanism.
Details of the policy should be issued to the client with the Terms of Business.
It must be clear, quick, transparent and impartial and free of charge within the first stage.
Names and contact details of the nominated investigating person must be stated.
The complaint must be investigated within 28 days.
All complaints, their progress and outcomes must be recorded.
We must note the need to advise PI insurers of a complaint immediately.
The process must have two stages as a minimum:-
o Stage 1 is where there needs to be consideration of the complaint by a senior member of the firm or the complaints handling officer.
o Stage 2 if the issue is not resolved, the complaint is referred to an independent third party with the authority to award redress. The complainant may be expected to contribute towards costs at this stage.

49
Q

What is an independent redress scheme?

A

It is a consumer scheme designed to handle small issues that would be disproportionally expensive to take to court.
If the scheme judges in favour of the complainant, it is binding.
If it judges in favour of the firm, the complainant can escalate the matter to court.
RICS firms must specify which redress scheme they want to use, it could be an ombudsman, arbitration or sometimes adjudication.
If the complaint relates to a large amount of money or if the complainant wishes so, he can take the matter to court.

50
Q

What do you do if you receive a letter of complaint?

A

I would acknowledge receipt and I would forward it to my firms designated complaint handler, as per our complaint handling procedure, providing additional information as required.
I would also highlight the importance of informing our Professional Indemnity insurance providers immediately.

51
Q

What is the ‘Clients’ Money Protection Scheme’?

A

This is a money protection scheme operated by the RICS.
It contains provision for any member of the public to be reimbursed their direct loss of funds when using an RICS regulated firm.
This is provided through an RICS insurance policy.

52
Q

What is the purpose of the joint names on a client account?

A

For the purpose of dual authorisation.

53
Q

What are the continuous professional development (CPD)
requirements?

A

Members must undertake and record appropriate lifelong learning.
On request by the RICS they must provide evidence that they have carried out the CPD to maintain and improve their levels of professional competence.

54
Q

How many hours must you do?

A

A minimum of 20 hours CPD must be achieved per calendar year, of which a minimum 10 hours must be formal.
Members must undertake learning on the standards expected around RICS Ethics on a rolling 3-year period.
All CPD’s must be recorded via the RICS on-line management system.

55
Q

What sorts of activities are included?

A

It must have a clear learning objective relevant to my role to count as CPD.
Formal CPD can be classed as web based training with structured assessments, formal seminars, providing training to others where research and preparation is required.
Informal CPD is classed as private reading, internal CPD’s and on the job shadowing.

56
Q

What types of articles do you read?

A

My employer’s research & development team send us weekly digests of the relevant press and I request copies of articles of interest.
I also read the RICS journals (Modus, Construction Journal, RICS regional magazine).
I also keep up to date via the RICS website, Building Magazine, Estates Gazette and BCIS updates.

57
Q

What recent article have you read from the RICS?

A

How can good prison design change lives? RICS Modus

UK prisons are undergoing an overhaul to build modern spaces, while retrofitting sustainability into older stock, with the hope that the new designs will have a rehabilitative effect

58
Q

How do you keep up to date with topical issues?

A

I am on the mailing list for several CPD providers.
My employer’s research & development team send us weekly digests of the relevant press and I request copies of articles of interest.
I also exchange industry articles and relevant information with colleagues.
I follow updates on the RICS website and Construction Journals
I undertake regular web research on key topics relevant to my field of surveying.

59
Q

What is your CPD strategy

A

I meet with my manager twice a year to review my career development plan and objectives.
I build my CPD strategy around these objectives, current topics and personal interests.
The candidate should try to explain their own personal objectives to address this question.

60
Q

What does PII stand for?

A

Professional Indemnity Insurance.

61
Q

What is the purpose of Professional Indemnity Insurance?

A

To provide financial cover in the event a client suffers financial loss as a result of a breach of
professional duty e.g. neglect, errors or omissions.

62
Q

What benefits does it provide for the professional?

A

The professional is protected from financial losses.
The firm does not have to meet the claim from their own assets and resources.

63
Q

What benefits does it provide for the client?

A

They are able to recover their financial losses.

64
Q

On what basis is it underwritten in the UK?

A

On a claims made basis.

65
Q

What does this mean?

A

The insurance policy that is in place at the time the breach is discovered is responsible for providing the indemnity, not the insurance policy in place when the breach was made.

66
Q

What are the requirements regarding Professional Indemnity Insurance set by the RICS?

A

The policy cover must be made on an ‘each and every’ claim basis.
The RICS sets out the minimum levels of indemnity.
The RICS sets out the maximum levels of uninsured excess.
Run off cover must be in place for at least 6 years.
The policy should include cover for past and present employees, directors and partners.

67
Q

What measures should be taken to try and avoid PI claims?

A

Keep full and detailed records of meetings and conversations.
Record recommendations and advice given.
Use proper letters of engagement, scope of services and terms of engagement.
Don’t advise on a specialism outside your field of experience.
Use RICS guidelines.
Avoid poor management and excessive workloads.

68
Q

If you made a mistake in your cost plan what would your insurance company expect?

A

For you to notify them and comply with any conditions & procedures set out in the insurance policy.

69
Q

If an estimate prepared by a QS is incorrect can the client claim damages?

A

An estimate that is incorrect in itself will not provide the client with a right of redress.
The client must demonstrate that the QS warranted the accuracy of the estimate or that it was incorrect due to a lack of reasonable skill and care.
It could have been incorrect due to reasons outside their control for example market conditions or an item referred to in their exclusions.

70
Q

How can you limit your liability when agreeing terms of appointment with a client?

A

Base the appointment on reasonable care and skill rather than fitness for purpose which is more onerous.
If the client’s requirements are performance based, this may imply fitness for purpose. It is advisable to request a clause limiting the appointment to reasonable skill and care only.
Run off cover must be in place.
Execution of the appointment under hand will result in a reduced liability period of 6 years instead of 12.

71
Q

What are the main elements included within a fee proposal?

A

Terms and conditions.
Scope of services.
Exclusions.
Assumptions.

72
Q

If you put together a fee proposal, but a couple of months into the job you realise that you have under forecasted your resources, would you go back to the client and ask for more money?

A

If project requirements such as the services, scope or value of the project has increased then I would go back to client and request a fee increase.
If the scope of works had remained the same, this highlights a mistake within our fee bid and the additional work would need to be carried out without reducing the level of service being offered and without requesting additional fees from the client.

73
Q

Once you and your client agreed the services that are to be provided verbally what would you do next?

A

Follow up with a formal letter which includes the terms and conditions, fees and scope of services that are to be provided.

74
Q

If the client gives you a lump sum fee before going on holiday, what would you do?

A

I would place the funds in a separately identified client account and agree a drawdown of monies
against the services being provided with the client.

75
Q

Tell me what you understand about conflicts of interest?

A

A conflict of interest is where someone in a position of trust has competing personal or professional interests making it difficult for them to fulfil their duties impartially.
An existing relationship will result in reduced impartiality and Chartered Surveyors have an obligation to make clients aware of this and if necessary, decline work opportunities where a conflict of interest occurs.

76
Q

How could the conflict of interest be managed internally if two
separate departments were working for the same client?

A

I could put in place procedures to ensure exclusivity of staff.
This would avoid any cross over of information between the departments.
I would also ensure that there are separate communication lines into the client.
Separate geographical locations and secure office and data storage would also need to be provided.
Staff could also sign up to confidentiality or non-disclosure agreements.
I would also need to monitor the potential conflict and keep the client updated on progress.

77
Q

If the client was insistent that you worked for them despite an existing
conflict of interest, how would you proceed?

A

I would check the clients understanding around the conflict of interest.
I would then make the client aware of the potential for reduced impartiality.
If they were still insistent on the appointment, I would seek a letter of instruction from the client to continue.
Following the appointment I would agree working procedures to manage the conflict of interest with the client and the teams involved.

78
Q

What are the Main Principles of the Bribery Act?

A

The offences are:-
o Making a bribe.
o Receiving a bribe.
o Bribery of a foreign public official.
o Failure of a corporate entity to prevent bribery on its behalf.
The legislation applies to all UK Entities and includes associated Persons for example sub-consultants and external advisors.
There are six principles of prevention companies should put in place:-
1. Proportionate Procedures.
2. Top Level Commitment.
3. Risk Assessments.
4. Due Diligence.
5. Communication.
6. Monitoring & Review.

79
Q

Under the Bribery Act, under what circumstance is a facilitation payment permitted?

A

The only circumstance in which it is OK to make a facilitation payment is when you are under duress.
For example if there is a real and present risk or danger to “life, limb or liberty”.
If you or your companions are under immediate physical threat.
You should put safety first, make the payment and report the matter immediately.
Or as soon as is practicable to your manager or your ethics compliance contact.

80
Q

You are attending a Main Contractor organised business conference where it is announced the you have been randomly selected as the winner of this months prize draw. Its an i-pad air. How would you act in this scenario?

A

I would be extremely uncomfortable accepting the prize in this scenario.
The prize is of a significant value and could be interpreted as a bribe.
Furthermore due to working on a project with the Main Contractor at the time of this scenario,
accepting the prize would have been highly inappropriate and could be interpreted as having an affect on my business conduct during the project.
I would respectfully decline the prize and suggest that this is made as a charitable donation to a charity
of the Main Contractor’s choice.
I am aware that bribes are commonly distributed as random prizes and due to the seriousness of this incident I would report this to my line manager.

81
Q

You receive an invite to attend the Theatre with some members of your Project Team but they dropped out due to illness at the last minute, would you still attend?

A

In the first instance I would declare this hospitality on my companies’ gifts and hospitality register.
Assuming the invite was approved and I was authorised to attend, I would need to decline the invite
due to the Project Team dropping out.
Since they won’t be present, this will not be a genuine business event.
Consequently, I would decline this hospitality at the Project Team’s expense.

82
Q

A contractor invites you to lunch to a restaurant and advises they’ve got two Michelin stars and a wine list second to none. They say they are keen to discuss the details of their tender they are about to submit for the project you are working on. How would you respond?

A

Going to what sounds like a lavish lunch paid for by a bidder in the middle of a tender process is against Company policy and could be an offence under the UK Bribery Act.
If this were the first time, it would be OK just to decline and explain that such an invitation is inappropriate.
However if this supplier is persistent, there is a red flag in that he wants to discuss things that he cannot put in writing, so we should report this infringement.

83
Q

Explain your understanding of Rule Number 1?

A

Having reviewed the example behaviors in adhering to Rule 1 RICS Members and firms should not allow themselves to be influenced improperly through the acceptance of work referrals, gifts or hospitality.
* Members and Firms must also be sure to identify conflicts of interest and not provide services or advice where these conflicts of interest occur.
* This could be a scenario where you have reduced impartiality due to an existing relationship, for example being friends with a Main Contractor who has subsequently been selected to submit a tender would form a conflict of interest.

84
Q

Explain your understanding of Rule Number 2?

A

To ensure compliance with Rule 2, Members and firms must only act for clients where they have the necessary knowledge, skills and resources to carry out the work competently.
* Firms must supervise any employees or subcontractors undertaking work on their behalf, for example requesting that a Junior Surveyor undertakes a complex valuation due to resourcing issues would create problems in achieving compliance with this Rule. Instead an experienced and suitably qualified surveyor should be asked to undertake the valuation.

85
Q

Explain your understanding of Rule Number 3?

A

As an RICS member or regulated Firm we must also be sure to understand a clients’ project specific requirements before acting on their behalf. The clients’ scope of services should be agreed along with any exclusions and timescales for achieving each of the deliverables before signing up to formal terms of engagement.

86
Q

Explain your understanding of Rule Number 4?

A

The RICS also expects its members to respect the rights of others and treat others with courtesy.
* We need to ensure that everyone is treated fairly and look to eliminate any instances of discrimination on the basis of age, disability, gender, pregnancy, race, religion or sexual orientation.
* RICS members and firms also need to adopt a no tolerance policy of bullying or harassment.

87
Q

Explain your understanding of Rule Number 5?

A

Members and firms are required to question practices and decisions that they suspect are not right and raise concerns with colleagues, senior management, clients or the RICS.
* When making public statements we need to ensure these do not undermine public confidence in the profession.
* When receiving and processing complaints, we need to ensure these are dealt with promptly, openly and professionally.
* In complying with Rule 5, a useful sense check to ensure compliance is to ask ourselves if we would be comfortable in standing behind our actions if these were brought into the media or a public forum.

88
Q

Why did the previous Rules of Conduct change?

A

The previous rules had been in place since 2007.
* Following research and consultation with RICS Members, Firms and Members of the public, the majority voted in favour of replacing the existing Rules of Conduct and separate Global Professional and Ethical Standards.
* This was to provide a single document to enable greater clarity for RICS members and firms.
* There is now a greater focus on clearer example behaviors, understanding evolving technology and tackling climate change.