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APC Revision > Ethics, Rules of Conduct and Professionalism > Flashcards

Ethics, Rules of Conduct and Professionalism Flashcards

1
Q

What is the meaning of the RICS moto?

A

‘Est Modus in Rebus’ aka ‘There is measure in all things’.

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2
Q

What is the mission statement of the RICS?

A
  1. To qualify and equip their members to offer the highest standards of professional service.
  2. To promote and enforce standards.
  3. To lead solutions to the major challenges facing the built environment through professional expertise.
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3
Q

When was the RICS founded?

A

1868

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4
Q

What are the RICS 5 principles of better regulation?

A
  1. Proportionally
  2. Accountability
  3. Consistency
  4. Targeting
  5. Transparency
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5
Q

What is Rule 1 of the new rules of conduct?

A

Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to the RICS.

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6
Q

What is rule 2 of the new rules of conduct!

A

Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

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7
Q

What is rule 3 of the new rules of conduct?

A

Members and firms must provide a good quality and diligent service.

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8
Q

What is rule 4 of the new rules of conduct?

A

Members and firms must treat others with respect and encourage diversity and inclusion.

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9
Q

What is rule 5 of the new rules of conduct?

A

Members and firms must act in the public interest, take responsibility for their actions and act to prevent the harm and maintain public confidence in the profession.

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10
Q

Why does the RICS have rules of conduct?

A
  1. Provide a framework for everyone to work too and so clients know they are getting a set level of service.
  2. Professional guide for individual members.
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11
Q

What is the procedure in the event of a breach of conduct?

A
  1. Not every short coming will lead to formal proceedings.
  2. A formal investigation by the Head of Regulation of the RICS.
  3. RICS can request information and/ or visit and inspect to investigate compliance.
  4. Members must fully cooperate with all enquiries.
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12
Q

How can a disciplinary proceeding be triggered?

A
  1. Someone complaining to the RICS.
  2. An allegation by a 3rd party or client.
  3. Information received or established by the RICS.
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13
Q

What 3 actions can be imposed after the end of the investigation stage?

A
  1. Fixed penalty.
  2. Consent order.
  3. Disciplinary panel.
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14
Q

What are fixed penalties?

A

A fine by the RICS.

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15
Q

When is a disciplinary panel applicable?

A
  1. Used for serious breaches of conduct.
  2. Panel will be held in public.
  3. Burden of proof is on the RICS.
  4. The balance of probabilities approach will be adopted.
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16
Q

What sort of breaches would expulsion be suitable for?

A
  1. Gross, persistent or wilful failure to comply with an RICS rule of conduct.
  2. Fraud, dishonesty, conviction of a serious criminal offence, gross incompetence, deliberate discrimination, misappropriation of a clients money.
17
Q

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

A
  1. Contact the RICS for guidance and obtain a company start up pack.
  2. Inform the RICS and register for regulation.
  3. Appoint a contact officer for all RICS communication.
  4. Prepare a complaints handling procedure.
  5. Obtain Professional Indemnity insurance cover.
  6. Abide by the Rules of Conduct for Firms.
  7. Use the designation ‘Regulated by RICS’ on all practice material.
18
Q

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

A
  1. Professional Indemnity Insurance.
  2. Employers Liability.
  3. Public Liability.
  4. Building’s insurance for all office premises.
19
Q

What information do registered firms have to send to the RICS regularly?

A
  • It’s called an annual return
    1. Types of business and staffing.
    2. Nature of clients.
    3. Training provision.
    4. Complaints handling procedures details and records.
    5. PI insurance details.
    6. Whether the firm holds client money.
20
Q

What limitations are associated with underhand contracts.

A

6 years

21
Q

What limitations are associated with deed contracts?

A

12 years

22
Q

What are the CPD requirements?

A
  1. Members must undertake and record appropriate lifelong learning.
  2. Must provide evidence to the RICS upon request.
23
Q

How many CPD hours must you do?

A
  1. Min 20hours annually with min 10hours formal.
  2. Must retake the ethics module every 3 years.
  3. All CPD’s must be registered online.
24
Q

What are the main elements included within a few proposal?

A
  1. Terms and conditions.
  2. Scope of services.
  3. Exclusions.
  4. Assumptions
25
Q

What are the offences under the Bribery Act?

A
  1. Making a bribe.
  2. Receiving a bribe.
  3. Bribery of a foreign public official.
  4. Failure of a corporate entity to prevent bribery on its behalf.
26
Q

What are the 6 principles of prevention companies should put in place under the Bribery Act.

A
  1. Proportionate Procedures.
  2. Top Level Commitment.
  3. Risk Assessments.
  4. Due Diligence.
  5. Communication.
  6. Monitoring & Review.
27
Q

Who does the Bribery Act apply too?

A

All UK entities and includes associated persons e.g. sub consultants.

APC Revision (10 decks)

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