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2021 > Legal/Regulatory Compliance (L2C) > Flashcards

Legal/Regulatory Compliance (L2C) Flashcards

1
Q

What is a Judicial Review?

A
  • A review of the lawfulness of the way a decision was made by a public body
  • Anyone with a sufficient interest in the matter can claim
  • 6 week time limit to call JR
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2
Q

What are the grounds for bringing JR a claim?

A
  • Illegality
  • Procedural unfairness
  • Irrationality/unreasonableness
  • Material considerations (take all into account)
  • Legitimate expectations
  • Mistake of fact
  • Proportionality
  • Duty to provide reasons
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3
Q

What are the remedies for a JR claim?

A
  • Mandatory order - requires defendant to do something
  • Prohibiting order - prevents defendant from doing something
  • Quashing order - renders ineffective something defendant has done
  • Injunction or stay
  • Declaration
  • Damages
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4
Q

What are some planning/development enforcement options?

A

LPAs can issue:

  • Enforcement notices
  • Planning Contravention Notices
  • Stop Notices
  • Temporary Stop Notices
  • Breach of Condition Notice
  • Pre-emptive injunction
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5
Q

What are the enforcement action time limits?

A
  • 4 years for operational development
  • 4 years for change of use to single dwelling
  • 10 years for breach of planning control (becomes lawful)
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6
Q

What are the key principles involved in listed building consent?

A
  • Required for works of all demolition, alteration or extension to a listed building
  • Listed buildings require detailed planning consent
  • It is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand
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7
Q

What are the punishments for ignoring a TPO?

A
  • Criminal conviction
  • Up to £20,000 fine
  • For serious offences, an unlimited fine
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8
Q

What is an ‘Article 4 Direction’?

A
  • A registered land charge that removes PD rights over an area
  • Issued by LPA
  • Controls development when the character of an area is threatened, such as conservation areas
  • Compensation may be paid to the landowner
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9
Q

Talk me through the rules for advertising boards

A
  • Town & Country Planning (control of advertisement) Regulations 2007
  • Planning required for:
    Boards over 2sqm
    Projection over 1m
    Not above 4.6m above ground
    Illumination
    Listed buildings
    *Must be removed after 14 days
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10
Q

Name some UK protected species

A
  • Badgers (optimal Nov-Apr)
  • Birds (optimal Oct-Jun)
  • Reptiles (optimal Apr/May/Sep)
  • Great Crested Newts (March - October)
    Protected in UK by Wildlife and Countryside Act 1981.
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11
Q

What is the recent legislation in planning?

A

The 2021 revision of the NPPF:

  • Definition of sustainable development (key principle underpinning planning system, has been expanded to include the 17 Goals for Sustainable Development from the UN.
  • Para 8 - ‘social sustainability’ introduced beauty as requirement (‘beautiful and safe places’)
  • Para 8 - ‘environmental sustainability’ - to ‘protect and enhance’ and ‘improve biodiversity’
  • Presumption in favour of sustainable development retained, but for plan-making (para 11a) - updated with more green focus and to include twin requirements for development to improve environment and mitigate climate change
  • Para 22 - expands need to look further ahead than plan period (at least 30 years) to take into account timescale for delivery
  • Improvements to biodiversity should be integrated into design (para 180)
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12
Q

Under PDR office to resi, what are the restrictions on unit sizes?

A
  • Size limit of 1500sqm per building now imposed (previously no limit).
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13
Q

What is the RICS Disciplinary action?

A
  1. Action by the Head of Regulation (formal investigation):
    - Fixed penalty notices/consent orders
    - Refers to disciplinary panel - serious matters
  2. Action by Disciplinary Panel (issue penalties):
    - Consent order
    - Unlimited fine
    - Suspension/expulsion
    - Publication of hearing result
  3. Appeal Panel (consider appeals)
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14
Q

What are RICS disciplinary penalties?

A
  • Consent order
  • Unlimited fine (proportional to offence)
  • Future registration conditions
  • Expulsion from RICS
  • Publish results from hearing
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15
Q

How should you handle clients’ money?

A
  1. Keep account separate/identifiable (use word ‘client’)
  2. Client must be able to have money on command
  3. Agree interest payment procedures
  4. Keep accurate records
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16
Q

What is the cooling off period for the Estate Agents Act 1979?

A
  • Cooling off period - 14 days
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17
Q

What legislation relates to bribery?

A
  • The Bribery Act 2010
  • RICS Professional Statement: Countering Bribery and Corruption, Money Laundering and Terrorist Financing (September 2019)
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18
Q

What are the majorly sanctioned countries?

A
  • Cuba
  • Iran
  • North Korea
  • Sudan
  • Syria
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19
Q

What are the money laundering penalties?

A

Assisting:

  • 14 years in prison
  • Unlimited fine

Tipping off/failure to report:

  • 5 years in prison
  • Unlimited fine
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20
Q

What is the legislation relating to GDPR?

A

General Data Protection Regulation from the Data Protection Act 2018

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21
Q

What are the GDPR Rights?

A

8 rights:

  1. Right to be informed
  2. Right to access
  3. Right to rectification
  4. Right to erasure
  5. Right to restrict processing
  6. Right to data portability
  7. Right to object
  8. Right to not be subject to automated decision making
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22
Q

What triggers RICS disciplinary action?

A
  • Allegation from client
  • Information received or established by RICS
  • Complaint to RICS
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23
Q

Name legislation that relates to gifts, bribery and corruption

A

Bribery Act 2010

Proceeds of Crime Act 2002

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24
Q

What is the objective of the Bribery Act 2010?

A

To reduce bribery in business

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25
Q

What is money laundering?

A

Proceeds of criminal activities are disguised/ converted and then realised as legitimate assets.

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26
Q

What is terrorist financing?

A

The financing of terrorist acts, and of terrorists and terrorist organisations

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27
Q

Name some legislation relating to money laundering?

A

Money Laundering, Terrorist Financing, and Transfer of Funds Regulations 2019

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28
Q

What are the key components of the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2019?

A
  • Adopt appropriate internal controls
  • Provide staff training
  • AML checks
  • Record keeping
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29
Q

What are the penalties under the Money Laundering, Terrorist Financing and Transfer of Funds Regulation 2019?

A
  • Assisting: Max 14 years imprisonment and/or unlimited fine

- Tipping off: max 5 years imprisonment and/or unlimited fine

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30
Q

What are some key requirements for firms regarding money laundering?

A
  • Annual registration with HMRC
  • 10,000 euros is the maximum cash payment
  • Detailed record keeping
  • Keep records for min 5 years
  • Report discrepancies to Company House Register
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31
Q

What is the Proceeds of Crime Act 2002?

A

Provides power for enforcement authorities to recover money and assets deemed to be the proceeds of crime

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32
Q

What are the main areas of offence under the proceeds of Crime Act 2002?

A
  • Concealing criminal property
  • Arrangements
  • Acquisition, use and possession
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33
Q

What do you actually do for your AML checks?

A 
Take photo copy of their ID.
Log the following info onto KYC tool:
- Whether met them face to face
- Estimated value of asset
- The official Land Registry Documents
- Do I believe there has been suspicious activity
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34
Q

What are the CDM Regulations 2015?

A

Construction Design & Management Regulations 2015:

  • Client must notify (F10 form) the relevant enforcing authority if work will last over 30 days and have over 20 workers - or exceeds 500 person days.
  • Policed by Health and Safety Executive (HSE)
  • Improves management and coordination of H&S for construction

3 main duty holders:

  1. Client
  2. Principal designer
  3. Principal contractor
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35
Q

What is the Health and Safety at Work Act? Who is it policed by?

A

Health and Safety at Work Act 1974:
- Duty of care on employer to ensure health, safety and welfare
- Policed by HSE:
Hazard = something potential to cause harm
Risk = likelihood of harm being realised

  • Hazard, people, risk, report, review - risk assessment - action plan
36
Q

What is the 6 pack of Health & Safety Regulations?

A

6 most commonly quoted health and safety regulations:

  1. Management of Health & Safety at work
  2. Display screen equipment
  3. Manual handling operations
  4. PPE
  5. Provision and use of work equipment
  6. Workplace H&S at work
37
Q

Describe the Equality Act

A

The Equality Act 2010:
Provides anti-discrimination framework:
- Unlawful to discriminate, harass or victimise
- Service providers are controllers of let premises

Obstacles for disabled people must be:

  • Removed, altered or alternative access
  • Must be reasonable to do so: effective, practical, cost
38
Q

What do the Control of Asbestos Regulations 2012 state?

A
  • The person in charge of the building repair must locate and manage the asbestos
  • Architects must confirm no asbestos is present in new buildings
  • Asbestos register must be readily available
39
Q

What does the Fire Safety Act 2021 require?

A
  • regular inspections of lifts has to be reported to fire and rescue services
  • up to date evacuation plans
  • suitable fire safety instructions for residents
  • where external walls have unsafe cladding, individual flat entrances must have doors up to current standards
  • duty holders for multi-occupied residential buildings must manage & reduce the risk of fire.
40
Q

Key points of the Fire Safety Act 2021?

A

The Fire Safety Act 2021

  • requires all responsible persons to assess, manage and reduce the risks of fire posed by the structure, external walls and common areas of a building.
  • fire service can take enforcement action against responsible people who fail to comply
41
Q

Under the Control of Asbestos Regulations 2012, who is a duty holder?

A

The owner or the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises, for example through an explicit agreement such as a tenancy agreement or contract.

42
Q

What are abortive fee clauses?

A

Must include:

  • a ready, willing and able purchaser
  • Client withdraws site from market - used if suspect client only wanted to test the market.
43
Q

What are the applications of the Estate Agents Act 1979?

A
  • Freehold or leasehold with capital value
  • During purchase and sale of interests in land or buildings
  • Policed by Trading Standards Office - prohibition/warning order
44
Q

What are the principles of the Estate Agents Act 1979?

A
  1. Honesty and accuracy
  2. Clarity on terms of agency - s18 - specify all costs
  3. Openness for personal interests - s21
  4. Absence of discrimination
  5. Tell clients all offers
  6. Agreement for liability and costs
  7. Keep clients’ money separate
45
Q

What are the Consumer protection from Unfair Trading Regulations 2008?

A
  • An agent owes a duty to consumers
  • Must provide accurate material
  • Must not make misdescriptions
  • It can relate to all lettings, sales and online agency.

Covers:

  • Lying
  • Omitting
  • Exerting undue pressure
  • Misleading
  • Hiding
  • Failure to show DD
46
Q

What are CPR penalties?

A
  • Criminal offence
  • Prohibition order
  • Damage reputation
  • Unlimited fine
  • Compensation up to £25,000
  • Policed by Local Authority’s Trading Standards Office
47
Q

What is the Business Protection from Misleading Marketing Regulations 2008?

A
  • Business to business
  • Mirrors CPRs
  • Prohibits misleading advertising and restricts business comparison of products
48
Q

What are the punishments of Misleading Marketing Regulations 2008?

A
  • Unlimited fine

- Prohibition order

49
Q

What is the Misrepresentations Act?

A

The Misrepresentations Act 1967:

  • Relates to misrepresentations/false statement of fact to induce party to purchase
  • Agents have a duty of care to clients and third parties to check the reliability of information
  • Caveat Emptor: ‘buyer beware’ - places onus on the buyer to perform DD before making a purchase.
50
Q

What is within the BNP Disclaimer/Important Notice?

A

We include this within sales particulars.

  1. Marketing particulars not an offer or contract
  2. Don’t rely on statements as fact in these particulars
  3. Purchasers must satisfy themselves by inspection or other
  4. The vendors and BNP do not have the authority to give representations or warranties
51
Q

What should be included in HoTs?

A
  • Vendor
  • Vendor’s agent
  • Vendor’s solcitor
  • Purchaser
  • Purchaser’s solicitor
  • Land address and title number
  • Purchase price
  • Exchange - target timeline
  • Deposit
  • Completion (target)
  • Legal costs - each party responsible for their own
  • VAT
  • Vacant Possession
  • Restrictions (subject to…)
  • Sale Plan
52
Q

What is the difference between a wayleave and easement?

A 
Wayleave = granted to person who owns land, terminable
Easement = right that someone has over land they do not own. It is attached to the land and transfers with ownership (always on title) eg public footpath running through your land. A right of way is a type of easement
53
Q

What are the key principles of the Bribery Act?

A

Bribery Act 2010 Principles:

  • Proportionality
  • Top level commitment
  • Risk Assessment
  • Due Diligence
  • Communication
  • Monitoring and review
54
Q

What is the purpose of Heads of Terms?

A

To provide an executive summary, not legally binding, provide framework for contract.

55
Q

What is informed consent? And what are the rules?

A

A form of written approval accepting the conflict and informing they would like to proceed

  • Must be in writing
  • Surveyors can only seek informed consent if they are satisfied relevant parties will be best served in doing so.
56
Q

What is the key legislation relating to inclusive environments?

A

The Equality Act 2010

57
Q

What are the protected characteristics listed in the Equality Act 2010?

A

Nine characteristics protected by legislation:

  1. Age
  2. Disability
  3. Gender re-assignment
  4. Race
  5. Religion/belief
  6. Sex
  7. Sexual orientation
  8. Marriage & Civil Partnership
  9. Pregnancy & Maternity
58
Q

What are the two most important categories in discrimination cases?

A

Injury to feelings and loss of earnings.

59
Q

What is the limit to the amount of compensation that can be awarded in discrimination cases?

A

No limit!

60
Q

What is Part M of the Building Regulations 2010?

A

Part M of the Building Regulations 2010 relates to ‘Access to and use of buildings, 2016’).

  • Sets a standard in the built environment for accessibility
  • Provides guidance on use of steps and ramps
61
Q

What is the Equality Act 2010?

A

A law which covers everyone in Britain and protects them from discrimination, harassment and victimisation.

62
Q

When are you protected under the Equality Act?

A
  1. Workplace
  2. Public services (i.e. healthcare or education)
  3. Places that offer service (supermarket, shops)
  4. Transport
  5. Clubs
  6. Contact with local government
63
Q

What are the different forms of discrimination?

A
  • Direct Discrimination
  • Indirect Discrimination
  • Harassment
  • Victimisation
64
Q

What CIL regulation changes came in recently, and when?

A

1st September 2019 - the following regulation changes:

  • Removal of planning (can now double charge with s106)
  • Infrastructure funding statements to show where CIL funds are being spent
  • LPAs can now charge monitoring fee
  • Introduction of CIL Index (RICS)
  • Small fee for failing to submit commencement notice
65
Q

What are the statutory consultee bodies?

A
  • Flooding - Environment Agency
  • Highways - County Council
  • Transport - County Council
  • Noise - Local Council
  • Historical - Historic England
  • Conservation - Natural England
66
Q

What do you do following a decision notice?

A
  • Deal with Reserved Matters (RM application)
  • Discharge conditions
    or. .. Appeal:
  • Within 6 months (12 weeks for householders)
  • Can be called in for determination by the Secretary of State
67
Q

What are the penalties for ignoring CIL?

A

Unlimited fine

68
Q

What is a ransom strip?

A
  • A piece of land which controls the access to another piece of land.
  • Negotiated value
  • Case law suggests 15% - 50% of uplift in value
69
Q

What is the case law relating to ransom strips?

A
  • Stokes vs Cambridge 1961 - 1/3 uplift in value
70
Q

What is a restrictive covenant?

A

Imposes a burden, obligation or restriction on a parcel of land for the benefit of another person/parcel of land.
Eg. phased scheme and Bellway next to CALA - CALA may have restrictive covenant over their land to say they can go through their land or access pipe to maintain it.

71
Q

What is adverse possession?

A
  • Has to have been an adverse possessor for at least 10 years
  • Have to have a degree of physical control of the land with the necessary intention to possess and without the owner’s consent.
72
Q

What is a s106 agreement?

A

A legal document that underpins a planning application.

73
Q

What is case law relating to PI?

A

Merret v Babb 2001

• Surveyor found personally liable for negligence after previous firm had gone bust with no run-off PI cover.

74
Q

Who is your complaints handling officer?

A

Fabrice Blin (compliance officer who is also first port of call for complaints)

75
Q

I see you had regard to the Consumer protection from unfair trading regulations during your disposal in Meldreth. How did this have an influence on your marketing particulars?

A

Particulars - important notice / Disclaimer:

I include this within sales particulars.

  1. Marketing particulars not an offer or contract
  2. Don’t rely on statements as fact in these particulars
  3. Purchasers must satisfy themselves by inspection or other
  4. The vendors and BNP do not have the authority to give representations or warranties
76
Q

Your second example in Claydon, can you explain what impact the CIL levy had on the disposal of the site – was there a significant impact in terms of cost? What was the cost roughly?

A

a

77
Q

You mentioned you appreciate the importance of regulatory compliance and the Bribery Act. What is the maximum punishment under the Bribery Act?

A

10 years imprisonment / unlimited fine

78
Q

Your Station Yard, Meldreth, you talk about producing sales particulars and you endeavour to include accurate information. How did you go about checking the information was accurate?

A

My line manager checked the particulars and I checked several times. I then sent off to the client and got their approval in writing to proceed.

79
Q

What is involved in your AML checks?

A

a

80
Q

Talk me through the Data Protection 2018. What are the key principles?

A

PLACARDS:

  • Processed fairly and lawfully
  • Not kept longer than necessary
  • Adequate and not excessive
  • Not transferred to countries without same level of data protection
  • Accurate and up to date
  • Relevant
  • Data subjects rights
  • Securely stored
81
Q

If the proposed client was unwilling to give you information for your AML checks, how would you deal with that?

A

Wouldn’t be able to accept instruction without them - I would tell them this.

82
Q

If you got to the end of the project, raised your invoice and they couldn’t pay you, how would you approach that?

A

g

83
Q

What are permitted development rights? What PD rights are you aware of?

A

Purpose of PD:
• Streamline planning process
• Encourage regeneration

84
Q

How do you go about on boarding a client or counterparty? What information are you typically required to get?

A

jnl

85
Q

What is the consumer protection from unfair trading regulations for? What is the misrepresentations act for? How do you follow these two documents?

A

bkb

2021 (22 decks)

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