Ethics, Rules of Conduct and Professionalism (L3) Flashcards

1
Q

How does RICS ensure standards of professional conduct and practice are upheld?

A

RICS has Rules of Conduct (effective 2nd Feb 2022)
Rules of Conduct apply to all members (as per Bye-Law 5.1) and firms regulated by RICS
Rules of Conduct are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.

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2
Q

Please list the Rules of Conduct

A

1 - M+F must be honest, act with integrity and comply with their prof obligations
2. M+F must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
3. M+F must provide good quality & diligent service.
4. M+F must treat others with respect and encourage D&I.
5. M+F 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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3
Q

Example of behaviours to comply with Rule 1 (M+F must act with integrity)?

A
  • M+F do not mislead others by your actions or omissions
  • Firms have effective processes to identify actual and potential conflicts of interest
  • M+F are open and transparent with clients about their fees and services
  • M+F do not take unfair advantage of others
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4
Q

Example of behaviours to comply with Rule 2 (M+F must maintain prof competence)

A
  • M+F only undertake work within their given level of competence
  • M+F supervise employees undertaking work for them to ensure competence.
  • Members must maintain their knowledge and skill level via CPD
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5
Q

Example of behaviours to comply with Rule 3 (M+F must provide quality diligent service)

A
  • M+F understand client’ needs and objectives before accepting any prof work
  • Firms have effective quality assurance processes for their work
  • M+F communicate with clients clearly in a way they can understand
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6
Q

Example of behaviours to comply with Rule 4 (M+F must treat others with respect)

A
  • M+F respect the rights of others and treat others with courtesy
  • M+F do not bully, victimise or harass anyone
  • Firms check that supply chains do not involve modern slavery
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7
Q

Example of behaviours to comply with Rule 5 (M+F must act in the public interest)

A
  • M+F respond to complaints made against them promptly, openly and professionally.
  • M+F manage their professional finances responsibly
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8
Q

Can you list the professional obligations for members within Rules of Conduct - Appendix A

A
  • Members must comply with the CPD requirements set by RICS
  • Members must cooperate with RICS
  • Members must promptly provide all info reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
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9
Q

Can you list the professional obligations for firms within Rules of Conduct - Appendix A

A
  • Must publish a complaints handling procedure
  • Firms must ensure that all previous and current professional work is covered by PI
  • Firms with a sole principal must make arrangements for a locum
  • Firms must cooperate with RICS
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10
Q

Are you aware of any RICS Regulation on the use of social media accounts?

A

Use of social media: guidance for RICS members. Version 1.
The overarching principle is: Standards expected of members do not change because they are communicating through social media rather than face-to-face or other traditional media

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11
Q

If you attended a work social event and witnessed junior colleagues acting in a way which could bring your firm into disgrace, what would you do?

A

I would speak with them immediately and take steps to prevent reputational damage or embarrassment. I would then address their actions formally in working hours.

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12
Q

Why does RICS publish guidance notes and do Chartered Surveyors have to follow them?

A

If a surveyor faces a professional negligence claim or RICS regulatory or disciplinary proceedings, they will need to evidence that they acted with reasonable competence. This can be achieved through complying with the guidance notes.

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13
Q

What is the ‘Black Book’?

A

A collection of technical practice documents which covers all processes throughout the construction project lifecycle.

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14
Q

Are you aware of any regulation associated with the use of the RICS logo?

A

Yes, Rules exist for the use of the RICS logo and designation by firms.
Guidelines exist for the personal use of the RICS logo by RICS professionals.

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15
Q

RICS have introduced two definitions for professional guidance, what are they called?

A

Professional Standards and Practice Information

Professional Standards set mandatory requirements for RICS members
Practice Information provides supplementary non mandatory guidance

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16
Q

Can you explain how you act with integrity?

A

By being trustworthy in all that I do
By being open and transparent in the way in which i work
By respecting confidential information
By not accepting gifts, hospitality or services which may suggest improper obligation

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17
Q

Why must you act within your professional competence?

A

To ensure I do not advise my client / employer incorrectly which could lead to a claim of negligence or complaint

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18
Q

Can you explain how you take responsibility?

A

Be accountable for all of my actions
Always act with skill, care and diligence
Ensure an appropriate complaints handling procedure is in place
I am prepared to respectfully challenge matters which are not right

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19
Q

How do you provide a high standard of service?

A

Always acting and advising within my scope of competence
Ensure my client or employer receive the best possible advice and support

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20
Q

Can you explain how you promote trust in the profession?

A

By acting in a trustworthy manner in my professional and private life
Fulfilling my professional obligations
Understand how my actions will impact others and the environment

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21
Q

How do you maintain a high ethical standard?

A

Maintain CPD appropriate to my area of work
Follow advice given by professional bodies on ethical behaviour
Address any unethical behavior by others as and when appropriate

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22
Q

What can employers do to create an ethical environment for staff?

A

Establish confidential procedures for ‘whistlebowing’
Promote CPD in the relevant area
Encourage staff to progress their APC and become chartered with RICS
Ensure adequate training exists regarding ethical standards

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23
Q

What is the difference between ethics and integrity?

A

Integrity is the internal quality of being honest, having strong moral principles and doing the right thing. Our personal code that governs how we behave.

Ethics is more external, and applies to an organisation’s rules, regulations and organisational code of conduct that have been established.

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24
Q

Are you aware of any tools produced by the RICS to help members make ethical decisions?

A

RICS have produced an ethics decision tree which can be used to consider different situations.

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25
Q

Are you aware of any rules associated with registering a firm with RICS?

A

Rules for the registration of firms.

A firm is required to register for regulation if:
1) The firm provides surveying services to the public
2) The firm operates under regulated are A (United Kingdom)
3) At least 50% of the firms Principal’s are RICS members

A firm is eligible to register for regulation if:
1) the firm provides surveying practices to the public
2) at least 25% of the firms Principals are RICS members

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26
Q

What is a locum?

A

A firm which has a sole principal must have in place appropriate arrangements in the event of that sole principal’s death or incapacity. A locum is another professional who is appointed to ‘stand in’ for the surveyor who is unable to work.

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27
Q

Who can be a locum?

A

A trustworthy professional, typically another Chartered Surveyor.

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28
Q

How does Professional Indemnity Insurance (PII) cover relate to locums?

A

Locums need to be covered for any work undertaken whilst the sole practitioner is unavailable.

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29
Q

Can you accept a gift from your client or contractor?

A

I would not accept gifts, hospitality or services which might suggest an improper obligation.

The key is to consult the ethics decision tree and make an informed decision.

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30
Q

What things would you consider when assessing if a gift or hospitality is appropriate to accept?

A

The value of the gift or hospitality
The timing of the gift or hospitality
Will the gift affect my ability to act impartially?
Is it proportionate to gifts being given to others?
Who is the gift being given to?
Is it in line with RICS Rules of Conduct and relevant legislation?

31
Q

What does CPD stand for?

A

Continuing Professional Development

32
Q

What are the CPD requirements for Chartered Surveyors?

A

A minimum of 20 hours CPD must be complete each calendar year
10 of these hours must be formal CPD, the remainder can be informal
Members must maintain a relevant and current understanding of RICS professional and ethical standards during a rolling three-year period
Members must record their CPD activity online by 31st January

33
Q

What sort of professional development have you done during your training period?

A

In-house training courses
External training courses
Personal reading of relevant articles
Mock final assessment interviews
Seminars and lectures

34
Q

How would you define formal and informal CPD?

A

Formal - Structured learning that has clear objectives and outcomes.

Informal - Self-managed learning that is relevant or related to my professional role.

35
Q

What tools are available to determine if CPD is formal or informal?

A

RICS have produced a CPD decision tree.

36
Q

Are there any activities which cannot count towards a members CPD requirements?

A

Yes - learning which does not have a clear learning purpose, or does not relate to a members role and or specialism.

37
Q

How is CPD recorded once a surveyor is qualified (MRICS)

A

CPD can be recorded on the RICS website or by the app.

38
Q

How will you go about selecting CPD subjects over the next 12 months?

A

I will target CPD in the following areas:
- Consider my weak or limited areas of knowledge best to develop
- Consider industry ‘hot topics’ relevant over the next 12-18 months.
- Consider future projects and the knowledge I’ll need to execute my role.

39
Q

How do you keep up to date with ‘hot topics’ and developing issues within the industry?

A

I regularly review the RICS website and journals
I’ve registered with key CPD providers and receive regular information on the latest industry matters.
Discussions with colleagues
I regularly read construction related news

40
Q

Can you explain what a conflict of interest is?

A

A conflict of interest arises in a situation where there may be an actual, perceived or potential risk that the professional judgement of an RICS-regulated firm or member will be compromised when undertaking an assignment.

41
Q

Has RICS published any information on conflicts of interest?

A

Conflicts of Interest, 1st edition guidance note.

42
Q

Can you name the three types of conflict outlined in the 2017 professional statement?

A

Party Conflict - Interests of RICS member/firm is conflicted between two different parties.

Own Interest Conflict - Interests of RICS member/firm is conflicted between themselves and their client.

Confidential Information Conflict - A conflict whereby a RICS member/firm has a duty to provide information to one client and keep that same information confidential for another client.

43
Q

What is informed consent?

A

Occurs when a party who might be adversely affected by a conflict of interest acknowledges the existence of that risk but still agrees to instruct a RICS regulated firm or member to proceed with the assignment.

44
Q

What action should someone take if a conflict of interest situation (or potential situation) arises?

A

As soon as you become aware, disclose to the client in writing and detail the nature of the conflict?

45
Q

What is a bribe?

A

An inducement or reward offered, promised or provided to gain any commercial, contractual, regulatory, or personal advantage.

46
Q

What are the 6 principles of the Bribery Act 2010?

A

Proportionality
Top level commitment
Risk assessment
Due diligence
Communication
Monitoring and review

47
Q

What is the Bribery Act 2010?

A

The Bribery Act 2010 covers criminal law relating to bribery. The Act contains four main bribery offences:

Bribing another person
Being bribed
Bribing a foreign public official
Failure by a commercial organisation to prevent bribery

48
Q

Who does the Bribery Act 2010 apply to?

A
  • All British citizens, anywhere in the world
  • A British associate with a connection to the UK
  • All organisations incorporated in the UK, anywhere in the world
  • All organisations or partnerships that have carried out business in the UK
49
Q

What are the potential consequences for not adhering to the Bribery Act 2010?

A

Conviction to unlimited fines
Jail sentence of up to 10 years

50
Q

What is money laundering?

A

A term used to describe the process by which criminals disguise the original ownership and control of the proceeds of criminal conduct by making such proceeds appear to have derived from a legitimate source.

51
Q

How do you report suspicious money laundering behaviour?

A

You are legally obligated under the Money Laundering Regulations to submit a SAR (suspicious activity report) to the National Crime Agency.

52
Q

A client asks you to take responsibility for making interim payments to a contractor. The client gives you half a million pounds in cash to make the payments. What would you do?

A

I would not accept cash; I would encourage my client to pay the cash into a bank account (who will then check the legitimacy of the cash).
If I had concerns about the source of the money, I would report the matter to the national crime agency.

53
Q

What is corruption?

A

The abuse of entrusted power for private gain.

54
Q

What is a price fixing cartel?

A

A price fixing cartel is a collection of otherwise independent businesses or countries that act together as if they were a single producer and thus can fix the prices for the goods they produce, without competition.

55
Q

What is terrorist financing?

A

The solicitation, collection, or provision of funds with the intention to support terrorist acts or organisations.

56
Q

What is a facilitation payment?

A

A payment made to a public or government official that acts as an incentive for the official to complete some action or process expeditiously, to the benefit of the party making the payment.

57
Q

What is modern slavery?

A

Modern slavery is the illegal exploitation of people for personal or commercial gain
It covers a wide range of abuse and exploitation including sexual exploitation, domestic servitude, forced labour, criminal exploitation and organ harvesting.

58
Q

What is the relevant legislation?

A

Modern Slavery Act 2015.

59
Q

Can you provide examples of modern slavery?

A

Forced labour
Human trafficking
Child slavery
Forced and early marriage

60
Q

How would you report modern slavery?

A

Call the modern slavery helpline or police

61
Q

What is Professional Indemnity Insurance?

A

PII covers the policyholder for the costs of legal action made against them in respect of financial loss which occurs due to the negligence, error, or omission in professional advice or services provided.

62
Q

Has RICS published any information on PII requirements?

A

Yes - UK professional indemnity insurance requirements - Version 9.

63
Q

What is the purpose of having professional indemnity insurance?

A

Ensures that if the firm faces a claim, it is protected from financial loss that it cannot meet from its resources.
Protects the insured member from the consequences of its liability to pay damages for a breach of professional duty
Ensures that the firm’s client’s do not suffer financial loss.

64
Q

What is the difference between ‘any one claim’ and ‘aggregate’ policies?

A

An ‘any one claim’ policy provides cover up to the full limit for each individual claim made in the period of insurance, whereas an ‘aggregate’ policy provides cover up to the full limit for all claims made in the period of insurance.

65
Q

What us a fully retroactive PII policy?

A

PII policies work on a ‘claims made’ basis. This means the policy covers claims that are first made against the insured during the period of insurance regardless of when the negligent act occured.
If the retroactive date of the policy is stated as ‘none’ then the policy is fully retroactive and all former work carried out by the firm will be covered.

66
Q

What measures do you take to avoid PII claims?

A

Keep full and detailed records
Follow RICS Rules of Conduct
Follow RICS guidance and professional statements
Avoid excessive workloads
Follow company procedures and policy

67
Q

Tell me about Merrett v Babb (Court case in 2001)?

A

Babb completed a valuation as an employee of a company for a house purchase by Merrett.
The valuation was later found to be negligent
The original company no longer existed and the PI policy has been cancelled
The court ruled Merrett could pursue Babb for losses

68
Q

What are the minimum limited of indemnity for regulated firms?

A

Turnover 100,000 or less - minimum limit - 250,000
Turnover 100,000 to 200,000 - ML - 500,000
Turnover 200,001 and above - ML - 1,000,000

69
Q

Maximum level of uninsured excess?

A

Turnover 10,000,000 or less - either 2.5% of sum insured or £10k
Turnover 10,000,000 or above - No limit

70
Q

If you make a mistake, what would your insurance company expect you to do next?

A

Notify them at the earliest opportunity
Comply with any conditions and procedures in the policy
Advise the client of the error
Assess the level of mistake and take steps for correcting

71
Q

Assuming you are MRICS, what would you do if a friend asked for technical advice, for free, outside of business hours?

A

My firms PII would not cover me for private advice, therefore I would politely decline
I would also need to consider a potential conflict of interest

72
Q

What is PII run-off cover?

A

‘Run off’ is a form of PII which covers the historic liabilities of a business after it ceases to trade (legacy issues).

73
Q

How long should run-off cover be in place?

A

RICS recommend 15 years from cessation.

74
Q
A