Level 2 Flashcards
Doing
Explain when you have maintained confidentiality
Whiteparish ward - M&E Consultant outside of the Client’s confidential circle requested a copy of a Financial Statement. I informed the Client and requested their written agreement to share this document. By informing and obtaining confirmation and agreement from the Client, I maintained confidentiality of sensitive information.
What would you do if you were offered a Christmas gift?
I referred to the RICS decision tree and informed my manager. I considered that the offer was genuine and proportionate but rather than personally accepting the gift I placed it in a pool of gifts and logged it in the register.
Your brother in law is a chartered surveyor. you find out that he is working outside the RICS Rules of Conduct what do you do?
I verify the facts and confront him, reminding him of his duties to the RICS. I refer to the ethics decision tree. I inform the RICS specifying my relationship (conflict of interest) and any corrective action I believe my brother may be put in place.
How can disciplinary proceedings be triggered by the RICS. What is the procedure if there is a breach of a rule of conduct?
Someone complaining to RICS, allegation by client or third party or information received or established by RICS. Not every breach will give rise in a proceedings, a formal investigation by head of regulation of RICS who would request information and visit to investigate compliance, members to fully cooperate.
What three actions can the RICS impose at the end of an investigation of a disciplinary proceeding?
And what are they?
Fixed Penalty - fine by RICS
Consent order - written agreement between RICS and member or firm concerning the issue on a breach of the RICS rules. Require corrective actions or restrain them from taking certain actions for a period of time - may require fine or costs.
Displinary panel - more serious breach - held in public, burden of proof is on the RICS and a balance of probabilities approach will be used. (Based on evidence)