Ethics, Rules of Conduct & Professionalism Flashcards

1
Q

What is the motto of the RICS in Latin?

A

‘there is measure in all things’

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2
Q

When was the RICS founded?

A

1868

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3
Q

What year was the royal charter granted to the RICS?

A

1881

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4
Q

What are the Bye Laws and Regulations related to RICS?

A

Ten Bye Laws ratified by UK Privy Council and Ten Regulations Approved by RICS Governing Council. Conduct comes under Bye Law 5 and Regulation 5

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5
Q

What is the mission statement of the RICS?

A
  • Qualify and equip members for professional standards
  • Promote and enforce standards
  • Lead solutions to major challenges in the built environment
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6
Q

How is the RICS structured?

A
  • Self-regulated and internally monitored
  • Bye-Laws determine regulation
  • Governing council manages strategy
  • Regulatory board, audit committee, and management board are beneath the governing council and execute strategy
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7
Q

What are the 5 principles of better regulation according to RICS?

A
  • Proportionality
  • Accountability
  • Consistency
  • Targeting
  • Transparency
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8
Q

What is the difference between ethics and rules?

A
  • Ethics are a set of moral values
  • Rules of conduct are a framework we work to
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9
Q

What is Rule 1 of the new rules of conduct 2022?

A

Members and firms must be honest, act with integrity, and comply with professional obligations

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10
Q

What is Rule 2 of the new rules of conduct 2022?

A

Members and firms must maintain professional competence and ensure services are provided by competent individuals

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11
Q

What is Rule 3 of the new rules of conduct 2022?

A

Members and firms must provide a good quality diligent service

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12
Q

What is Rule 4 of the new rules of conduct 2022?

A

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

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13
Q

What is Rule 5 of the new rules of conduct 2022?

A

Members and firms must act in the public interest and take responsibility for their actions

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14
Q

What are the professional obligations of RICS members?

A
  • Comply with CPD requirements (20 hours annually, 10 formal)
  • Members must cooperate with RICS
  • Members must provide information requested by the standards and regulations board
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15
Q

What are the professional obligations of RICS firms?

A
  • Publish complaints handling procedure
  • Ensure adequate professional indemnity cover
  • Make arrangements for work continuity in case of incapacity
  • Cooperate with RICS
  • Provide information requested by the standards and regulations board
  • Display RICS designation on business literature
  • Report required matters to RICS
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16
Q

What framework does the RICS provide for client services?

A

Rules of conduct to ensure clients receive a set level of service

17
Q

What procedures must be followed when setting up a new practice?

A

Day 6 Test
* Contact RICS for guidance and start up pack
* Inform RICS and register for regulation
* Appoint a contact officer
* Prepare a complaints handling procedure
* Obtain professional indemnity insurance
* Abide by rules of conduct
* Use ‘regulated by RICS’ designation

18
Q

What processes do regulated firms need for handling clients’ money?

A
  • Preserve security of clients’ money
  • Link money clearly to a client
  • Hold money in a separate account
  • Maintain secure accounting systems
19
Q

What is run-off cover?

A

Insurance to cover claims after a firm has ceased to exist
Merrit v Babb 2001 a surveyor was sued for negligence by a former client. Because the surveying firm was no longer in existence the individual surveyor was pursued for damages successfully.

20
Q

What must a complaints handling procedure include?

A
  • Model form provided by RICS
  • Redress mechanism
  • Clear, quick, transparent process free or charge at stage 1
  • Name and contact details of the investigating person
  • Acknowledgment within 7 days
  • Investigation within 28 days
  • Records must be kept
  • Notification to PI insurers
  • Process must have 2 stages as a minimum. Stage 2 must be referred to an independent third party
21
Q

What is the independent redress scheme?

A

A consumer scheme for handling small issues that are expensive to take to court.
Redress scheme can be ombudsman, arbitration or adjudication.

22
Q

What is the clients money protection scheme?

A

Operated by RICS to reimburse public losses when using an RICS regulated firm

23
Q

What is required for CPD?

A

Must have a clear learning objective

24
Q

What are the new PII requirements set by RICS effective from July 2024?

A
  • Level based on firm’s turnover - £100k or less minimum £250k cover. £100-200k minimum £500k. £200k+ minimum £1m
  • Policy cover must be on an each and every claim basis
  • Run-off cover for at least 6 years
  • Policy should include cover for past and present employees
25
What measures should be taken to avoid PII claims?
* Keep detailed records * Record recommendations and advice * Use proper letters of engagement/terms of engagement * Avoid advising outside experience * Use RICS guidelines
26
What is a conflict of interest?
When someone has competing personal or professional interests affecting impartiality
27
What types of conflict of interest are there?
* Party conflict * Own interest conflict * Confidential information conflict
28
What should you do if a conflict of interest exists?
* Conflict on interest checks should be carried out * Client should be made aware * If the client still wishes to proceed, informed consent must be obtained * Procedures should be put in place to ensure and conflict is minimalised, for example information barriers * It is up to you to decide whether to proceed
29
What are the main offences under the Bribery Act 2010?
* Making a bribe * Receiving a bribe * Bribery of a foreign public official * Failure to prevent bribery
30
What is money laundering?
Converting illegally gained money into property
31
What are key compliance measures against bribery and money laundering?
* Proportionate procedures - accepting a gift must be proportionate * Risk assessments * Due diligence * Communication * Monitoring and review
32
What is a PEP?
* Politically exposed persons - they are makes at a high risk of money laundering and corruption because they hold positions of influence
33
What is EBC's complaints handling procedure?
* Stage 1 complaint acknowledged in 3 days and a full response within 10 working days. * Stage 2 to Heads of Service within 28 days of Stage 1 response, acknowledged in 3 days and a full response within 10 working days. * Stage 3 escalated to the Local Government Ombudsman