Ethics, Rules of Conduct and Professionalism Flashcards

1
Q

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

A
  • RICS has Rules of Conduct that apply to all members and firms regulated by RICS. The Rules of Conduct are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.
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2
Q

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

A

Use of Social Media: Guidance for RICS Members (Version 1- Effective from 30th June 2021).

The overarching principle is - Standards expected of members do not change because they are communicating through social media rather than face-to-face.

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3
Q

What are the various standards and their status?

A

Professional Statements: These contain ‘musts’ - Mandatory Requirements, along with details of regulatory interventions if these requirements are not met

Guidance notes: These contain ‘shoulds’ - Non-mandatory Requirements, but recommendations on best practice.

Data Standards: These ensure software programmes and technology can adopt RICS standards into their offering.

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4
Q

What is the Black Book?

A

The ‘Black Book’ is a suite of guidance notes that define good technical standards for quantity surveying and construction professionals. For example ‘Accounting Principles and Procedures’.

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5
Q

Can you explain how you act with integrity?

A
  • Being trustworthy in all that I do
  • Being open and transparent in the way I work
  • Respecting confidential information
  • Not taking advantage
  • Not allowing bias or conflict of interest
  • Not offering or accepting fits that must suggest improper obligation
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6
Q

Why must you act within your professional capabilities / competence?

A

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

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7
Q

Can you explain how you take responsibility?

A
  • Be accountable for all my actions
  • Always act with skill, care and diligence
  • Ensure an appropriate complaint handling procedure is in plane in the event someone makes a complaint about me
  • If I think something isn’t right, I am prepared to respectfully challenge and raise the matter with colleagues
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8
Q

Can you explain how you treat others with respect?

A
  • I treat everyone with courtesy and politeness
  • I am always polite and considerate to clients, potential clients and everyone else
  • I never discriminate against anyone
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9
Q

Can you explain how you provide a high standard of service?

A
  • I always ensure my client or others to whom I have a professional responsibility, receive the best possible advice and support
  • Acting within my scope of competence
  • Being transparent about fees and costs
  • Communicating effectively to all Clients to make an informed decision
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10
Q

What is the difference between ethics and integrity?

A
  • Ethics are moral principles that govern a person’s behaviour or the conducting of an activity.
  • Integrity is the quality of being honest and having strong moral principles and values.
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11
Q

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

A

Rules for the registration of firms - Version 8 with effect from 2 February 2022.

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12
Q

What is a locum?

A

A firm which has a sole principle must have another appropriate arrangements in place in the event the sole principle dies. A locum is another professional who is appointed to ‘stand in’ for the sole principle.

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13
Q

What is a Conflict of Interest?

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.

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14
Q

Has RICS published any information on Conflicts of Interests?

A

Conflict of Interest, 1st Edition, March 2017 (Professional Statement)

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15
Q

What is a Party Conflict?

A

A situation in which the duty of an RICS member or firm acts in the interests of a client or other party which conflicts with a duty owed to another client or party in relation to the same or related professional assignment.

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16
Q

What is an own interest conflict?

A

A situation in which the duty of an RICS member or firm acts in the interests of a client in a professional assignment which conflicts with the interests of the same RICS member / firm.

17
Q

What is a Confidential Information Conflict?

A

A conflict between a RICS member or firm, to provide material information to one Client and the duty of the RICS member or firm to another client to keep that same information confidential.

18
Q

What is a bribe?

A

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

19
Q

What is the Bribery Act?

A

The Bribery Act 2010 covers 4 mains bribery offences:

  1. Bribing another person
  2. Being bribed
  3. Bribing a foreign public official
  4. Failure by a commercial organisation to prevent bribery
20
Q

What is your companies Bribery Policy?

A

My company has an anti-bribery and corruption policy which applies to me. I would report any act of bribery to the Serious Fraud Office or National Crime Agency.

21
Q

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

A

10 years imprisonment and / or an unlimited fine. Corporations face an unlimited fine.

22
Q

What is money laundering?

A

Money Laundering is the process by which criminals disguise the original ownership and control of the proceeds of criminal conduct by making such proceeds appear to have come from a legitimate source.

23
Q

How do you report suspicious money laundering behaviour?

A

Under the Money Laundering Regulations, I would submit a SAR (Suspicious Activity Report) to the National Crime Agency.

24
Q

Tell me about Professional Indemnity Insurance?

A

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

RICS has published the Professional Indemnity Insurance Requirements Regulations Document.

All firms must be covered by PI Insurance.

25
Q

What is the purpose of Professional Indemnity Insurance?

A

Ensures that if a firm faces a claim, it is protected from financial loss that it cannot meet from it’s own resources.

26
Q

Tell me about Merrett vs Babb?

A

Court case in 2001.

Babb completed a valuation as an employee of a company working for Merrett.
The valuation was found to be negligent.
The original company no longer existed and the PI had been cancelled.
The court ruled Merrett could pursue Babb (as an individual) for the losses.

27
Q

What measures do you take to avoid professional indemnity insurance claims?

A
  • Keep full and detailed records of meetings, conversations and advice / recommendations given
  • Do not advise outside of my field of knowledge or experience
  • Follow RICS rules of conduct and my companies procedures / policies
28
Q

What is Professional Indemnity Insurance run off cover?

A

Its a form of insurance that covers the historic liabilities of a business after it ceases to trade.
This cover should be maintained for 6-years from the cessation of the practice.

29
Q
A