Ethics, Rules of Conduct and professionalism (L1-3) Flashcards
Tell me what you understand about conflicts of interest?
- 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
- Chartered Surveyors have an obligation to make clients aware and if necessary, decline work where a conflict occurs
What types of conflicts of interest do the RICS define?
- Party Conflict
- Own Interest Conflict
- Confidential Information Conflict
What is a Party Conflict?
This occurs when there is conflicting obligations to act in the best of interests of different clients or parties involved in the same or related professional assignments.
What is a Own Interest Conflict?
This occurs when the obligation to act in the clients best interests conflicts with the members or firms own interest.
What is a Confidential Information Conflict?
This occurs when a members or firms obligation to provide information to one client conflicts with their obligation to keep that same information confidential for another client.
How could the conflict of interest be managed internally if two separate departments were working for the same client?
- Put procedures in place to ensure exclusivity of staff to avoid any cross over of information between departments
- Ensure there are separate communication lines into the client
- Provide secure office and data storage
- Set up NDA agreements with staff
- Monitor the potential conflict
If the client was insistent that you worked for them despite an existing conflict of interest, how would you proceed?
- Check their understanding of reduced impartiality
- Agree working procedures to manage the conflict
- Seek a letter of instruction to continue
- Keep them updated of any risks
What are the main principles of the Bribery Act (2010)?
The offences are:
- Making a bribe
- Receiving a bribe
- Bribery of a foreign public official
- Failure of a corporate entity to prevent bribery on its behalf
What are the six principles of prevention companies should put in place under the Bribery Act (2010)?
- Proportionate Procedures
- Top level commitment
- Risk assessments
- Due diligence
- Communication
- Monitoring & review
Under the Bribery Act (2010), under what circumstances is a facilitation payment permitted?
- The only circumstance in which it is ok to make a facilitation payment is when your are under duress
- For example, if there is real and present risk or danger to life, limb or liberty.
What are the ethical principles that the RICS Rules of Conduct are based on?
- Honesty
- Integrity
- Competence
- Service
- Respect
- Responsibility
What is the difference between RICS ethics and rules?
- Ethics are a set of moral values
- Rules of conduct is framework that we work to
When did the Rules of Conduct change?
2nd February 2022
Why did the previous Rules of Conduct change?
- Previous rules has been in place since 2007
- Majority vote to bring them into one clear framework providing a
- Simpler structure
- with Clear examples
- Focusing on respect , diversity and inclusion
- Evolving technology and
- Tackling global challenges
What are the RICS Rules of Conduct?
Member and firms must:
- Rule 1 : Be honest, act with integrity and comply with their professional obligations
- Rule 2: Maintain professional competence and ensure that services are provided by competent individuals with the necessary expertise
- Rule 3: Provide good-quality and diligent services
- Rule 4: Treat others with respect and encourage diversity and inclusion
- Rule 5: Act in the public interest, take responsibility for their actions, act to prevent harm and maintain public confidence in the profession
What is ethical procurement?
- Ethical procurement refers to the practice of acquiring goods, services, and works in a manner that is fair, transparent, and responsible.
- It involves considering not only the cost but also ethical implications of the procurement and its outcomes.
When was the RICS fouded?
1868
What are the professional obligations of the members?
Members must:
- Comply with CPD requirements (20 hours each calendar year, 10 of which must be formal)
- Cooperate with RICS
-Promptly provide all information reasonably requested by the Standards and Regulation Board
What is the distinction between formal and non-formal CPD?
- All CPD must be relevant to your role or wider profession
- Formal CPD will have externally set learning outcomes and involve an assessment of learning or interaction such as formal webinars
- Non-formal CPD won’t have this such as private reading
- The CPD decision tree can help in this regard
What procedures must you follow if you are starting up a new practice?
- Contact RICS for company start up pack
- Register for Regulation
- Appoint contact officer for RICS communications
- Prepare complaints handling procedure
- Abide by Rules of Conduct
- Use designation ‘Regulated by RICS’ on all practice material
What insurances would you need if you were setting up your own firm?
- Professional Indemnity Insurance
- Employer’s Liability Insurance
- Public Liability Insurance
- Building Insurance for office
What is the purpose of Professional Indemnity Insurance?
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.
What are the RICS minimum levels of indemnity?
- Turnover up to £100k it is £250k
- Over £100k up to 200k it is £500k
- Over £200k and above it is £1m
What does the Royal Charter mean to you?
- It is the mechanism in which how the RICS was formed as an organisation i.e. incorporated by Royal Charter
- The Royal Charter is controlled by governing council, and it is approved by the monarch under the guidance of privy council
- Sets out the objectives of the institution – to secure advancement and acquisition of knowledge