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Carrie APC Mandatory > Level 3 - Conduct rules, Ethics and Professional Practice > Flashcards

Level 3 - Conduct rules, Ethics and Professional Practice Flashcards

1
Q

N3. Does the RICS publish any guidance on the Disciplinary Measures?

A

• Yes, there is a large section on the RICS website.

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2
Q

N4. What RICS initiatives do you know of?

A
  • Diversity and Inclusion
  • Lionheart.
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3
Q

N5. Can you tell me more about Diversity and Inclusion?

A
  • 2015 RICS launched Inclusive Employer Quality Mark, Based on 4 clear, key principles:
    • Leadership
    • Recruitment
    • Culture
    • Development
  • Accounced steps to advance inclusion for black proffessionals
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4
Q

N6. What issues do you know about that the RICS are looking into?

A
  • Fire Safety Bill - training for surveyors undertaking EWS assessments
  • Building Safety Bill - A higher level of competency will be required for the three regulated roles referred to in the Bill of Principal Designer, Principal Contractor and Building Safety Manager (BSM) for HRBs. In addition, a new Building Safety Regulator will have responsibility and oversight of the building control profession.
  • Value the planet - campaign promotes the preservation of the planet through the implementation of the UN’s sustainable development goals.
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5
Q

N7. Who is the interim chair of the governing council?

A

Nicholas Maclean

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6
Q

N8. Who is the president elect?

A

Clement Lau FRICS

(RICS President Elect)

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7
Q

N9. What current themes does Clement Lau promote?

A
  • To extend the reach and influence of RICS’ thought-leadership
  • To drive the organisation’s digital capability during his term
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8
Q

N10. What is the Royal Charter?

A

• Awarded in 1881 by Queen Victoria, to maintain and promote the usefulness of the profession for the public advantage.

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9
Q

N11. How many Countries and how many Members does the RICS operate in and have?

A
  • RICS operates in 146 countries.
  • RICS has approximately 140,000 members.
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10
Q

N12. Where is the RICS Head Quarters?

A

• Parliament Square, London.

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11
Q

N14. What do you think about the RICS?

A
  • Is a highly respected international proffessional body
  • Gold standard in ethical and proffesional best practice
  • High degree of trust of it’s members due to rigorous onboarding and ongoing governence.
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12
Q

N15. What is the Role of the RICS?

A
  • To Regulate and promote the profession.
  • To Maintain the highest standards.
  • Protect Clients and consumers through the strict code of ethics.
  • Provide impartial advice and guidance.
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13
Q

N16. How many professional groups are there?

A

• 18.

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14
Q

N17. Can you name some of the professional groups?

A
  • Quantity Surveying and Construction.
  • Project Management.
  • Building Surveying.
  • Facilities Management
  • Rural
  • Dispute Resolution.
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15
Q

N18. What are the duties of these professional groups?

A
  • To provide best practice guidance.
  • To set standards for professional competence.
  • To provide training, CPD and network opportunities.
  • Promote and Represent.
  • To undertake research to improve the profession.
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16
Q

N19. What are the three market sectors covered by the RICS?

A
  • Land.
  • Property.
  • Construction.
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17
Q

N20. What is the Governing Structure for the RICS?

A
  • They meet three times a year.
  • New president every year.
  • There is a 70 strong governing council chaired by the president.
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18
Q

N21. can you describe the RICS governing structure to me?

A
  1. At the top is the Governing Council.
  2. Below this is the Regulatory Board, the Audit Committee and the Management Board.
  3. Below the Management board there are 7 sub-boards, being:
    a. World Board.
    b. Knowledge Board.
    c. Members Board.
    d. Finance Board.
    e. Renumerations Board.
    f. Business Development Board.
    g. Communications Board.
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19
Q

N22. What is the RICS Matrics?

A
  • A division of the RICS dedicated to student surveyor training.
  • Produces a network of Charity and Networking events.
  • Promotes seminars and lectures.
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20
Q

N24. What did the Levitt Report introduce?

A

16 recomendations covering:

  • Greater transparency and availablity of all board minutes to other boards
  • More frequent board meetings
  • No presidential team on management board
  • Whistleblowing structure
  • Competative tender for legal advisers

And a Public Apology

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21
Q

N25. What Help Sheets does the RICS publish?

A

• Helpsheets on:
o CPD.
o Complaints Handling Procedure.
o Handling Clients Money.
o PII Requirements.

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22
Q

N26. How many levels of RICS membership are there?

A

• 4.

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23
Q

N27. What are the four levels of RICS membership?

A
  • Trainee.
  • Associate.
  • Member.
  • Fellow.
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24
Q

N28. How do you become a fellow?

A
  • 5 years post award MRICS.
  • Managerial positions.
  • Significant contribution to the profession.
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25
Q

N29. What is the APC?

A

• The Assessment of Professional Competence is a period of structured training followed by a Final Assessment Interview.

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26
Q

N30. What different routes can you take to APC?

A

• Graduate Route 1 which requires:
o An accredited degree.
o Plus 2 years industry experience.
o And diary.

• Graduate Route 2 which requires:
o An accredited degree.
o 5 years industry experience.
o 1 year diary.

• Graduate Route 3 which requires:
o An Accredited degree.
o 10 years industry experience.
o Submission.

• Academic route which requires:
o Portfolio.
o 3000 word submission.
o Continued Professional Development.
o Final Assessment Interview.

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27
Q

N31. What is the route for an associate member?

A
  • 0 to 4 years experience.
  • 2000 word summary of experience.
  • 2000 word case study.
  • 24 hours CPD.
  • Completion of Online ethics course.
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28
Q

N32. What is Lionheart?

A

• A benevolent fund dedicted to providing support and financial aid to current and past members and their families.

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29
Q

N33. If you become qualified, how will you become involved with the RICS?

A
  • I will attend RICS events.
  • Become and APC supervisor.
  • Respond to Surveys and Consultations.
  • Promote the profession
  • Participate in a leaders forum
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30
Q

N34. Would you like to become an APC Assessor?

A

Yes, I would like to help others develop to become members of RICS, particularly in the FM pathway.

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31
Q

N35. How do you become an assessor?

A

• Must be MRICS for three years, plus a 1 day training course.

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32
Q

N36. What is the role of the APC Supervisor?

A
  • To Advise a candidate on the most appropriate route and competencies.
  • Offer guidance, support and encourage candidates.
  • Evaluate candidates structured training.
  • Guide candidates through the Submission.
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33
Q

N37. What benefits will you gain from becoming MRICS?

A
  • International Recognition from clients and peers.
  • Competitive Advantage.
  • A known level of professional standards.
  • Quality assurance to my clients.
  • Access to information and training resources.
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34
Q

N38. What is the ‘Black Book’?

A

• A suite of best practice guidance notes and technical standards for Quantity Surveying and Construction professionals

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35
Q

N40. What is the ‘Red Book’?

A

• Mandatory rules and Practice guidance for Valuation Surveyors.

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36
Q

N41. What are the Five Principles for Better Regulation?

A
  • Proportionality.
  • Accountability.
  • Consistency.
  • Targeting.
  • Transparency.
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37
Q

N42. Who determines the Five Principles for better regulation?

A

• The Better Regulations Commission.

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38
Q

N43. What is the difference between ethics and rules?

A
  • Ethics are a moral principle and value.
  • Rules are the framework we work to.
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39
Q

N44. What are the Global Professional and Ethical Standards?

A

5 standards: STIRR:

  • Always provide a high level of service.
  • Act in a way that promotes trust in the profession.
  • Always act with integrity.
  • Always take responsibility.
  • Always show respect to others.
40
Q

N45. What does providing a high level of service mean to you?

A
  • Ensuring that clients and those you have a responsibility over receive the best possible advice and support.
  • Providing clarity on what the client wants, and what you are offering.
  • Acting within your scope of confidence.
  • Being transparent about fees.
41
Q

N46. What does promoting trust in the profession mean to you?

A
  • Acting in a manner to promote you and the organisation you work for and the profession in a professional way.
  • Promoting what the profession stands for.
  • Understanding that this should be reflected within your personal life.
  • Fulfilling obligations, doing what you say you will do.
  • Meeting the spirit of the standards, not just the words.
42
Q

N47. What does acting with Integrity mean to you?

A
  • Being trustworthy.
  • Being Open and transparent.
  • Not taking advantage of those whom you have a duty of care.
  • Not allowing bias or a conflict of interest to override business judgement.
  • Not offering or accepting gifts.
  • Acting consistently in the public interest.
43
Q

N48. What does taking responsibility mean to you?

A
  • Being accountable for your actions and not blaming others.
  • Always act with skill, care and diligence.
  • Where complaints are made against you, respond in an appropriate and professional manner to aim to resolve the issue.
  • If you don’t think something is right be prepared to raise the matter with the appropriate person.
44
Q

N49. What does treating others with respect mean to you?

A
  • Being courteous, polite and considerate to others. Also being aware of culture sensitivities.
  • Never discriminate.
  • Encourage the firm to work in a fair and respectful manner.
45
Q

N50. Why does the RICS have rules of conduct?

A

• They provide a framework we can all work to, whilst ensuring a Client understands exactly the service they should be receiving.

46
Q

N51. How many Rules of Conduct are there from Members?

A

Seven main rules of conduct

+ Plus Two general rules

Nine in Total

(See RICS Rules of Conduct for members - March 2020)

47
Q

N52. Can you list the Rules of conduct?

A
  1. Interpretation. (GENERAL)
  2. Communication. (GENERAL)
  3. Ethical Behaviour.
  4. Competence.
  5. Service.
  6. Continued Professional Development (CPD).
  7. Solvency.
  8. Information to RICS.
  9. Co-operation.
48
Q

N53. How many Rules of Conduct are there for Firms?

A

• Fifteen

See - ‘Rules of Conduct for Firms’ (Version Seven, 2 March 2020)

49
Q

N54. Can you list the Rules for firms?

A
  1. Interpretation. (GENERAL)
  2. Communication.(GENERAL)
  3. Professional Behaviour.
  4. Competence.
  5. Service.
  6. Training and Continued Professional Development.
  7. Complaints handling.
  8. Clients’ money.
  9. Professional Indemnity Insurance/cover.
  10. Advertising.
  11. Solvency.
  12. Arrangements for Incapacity or death of an owner.
  13. Use of Designations.
  14. Information to RICS
  15. Co-operation with RICS.
50
Q

N55. What do you do if you find a member working outside the RICS Rules of Conduct?

A
  • Verify the facts, then politely remind them of their duties as a member of the RICS.
  • If they persist I would write to the RICS Head of Regulation and inform them.
51
Q

N56. What are the RICS Disciplinary Procedures?

A

RICS Head of Regulation may:

  • investigate any accusations.
  • refer the matter to the disciplniary panel for consideration
  • Impose a fixed penalty
  • make a regulatory compliance order
  • refer the matter to a single member of regulator tribunal if a breach of Rule 6 CPD.
52
Q

N57. How can a disciplinary procedure be triggered?

A
  • Complaints to the RICS.
  • Allegations by Clients/Third Parties.
53
Q

N58. What disciplinary actions can be taken?

A
  • Fixed Penalty notice
  • Regulatory Compliance Order made by the Head of Regulation
54
Q

N59. What is a Regulatory Compliance Order?

A

An order imposed by Head of Regulation

  • caution
  • reprimand
  • a requirement that the Regulated Member give one or more undertakings as to future conduct
  • a requirement that the Regulated Member take or stop taking certain actions within a specified period of time
  • conditions on the Regulated Member’s continued membership of RICS
  • conditions on a Firm’s registration for regulation
  • a requirement that the Regulated Member pay a fine in accordance with the provisions of the published Sanctions Policy
  • a requirement that the Regulated Member pay costs to RICS in accordance with published scales
55
Q

N60. What may the fixed penalties be?

A

10.1 A Fixed Penalty is a caution and/or a fine payable by the Regulated Member for a breach of the rules.

A Fixed Penalty is only applicable to a breach of the following rules:

  • Rules of Conduct for Members, Rule 6 – Continuing Professional Development (CPD)
  • Rules of Conduct for Members, Rule 8 – Information to RICS
  • Rules of Conduct for Firms, Rule 14 – Information to RICS
  • Rules for the Registration of Firms, Rule 10.1a – Fees.
56
Q

N61. What can result in expulsion?

A
  • gross, persistent or wilful failure to comply with an RICS Rule of Conduct
  • fraud, dishonesty or a lack of integrity
  • conviction of a serious criminal offence (an offence for which the penalty could be a custodial sentence)
  • gross incompetence or recklessness in relation to the conduct or management of professional activities
  • persistent and/or serious failure to cooperate with RICS
  • breach of a required undertaking previously given to RICS, or failure to give an undertaking without reasonable excuse
  • deliberate discrimination
  • gross mismanagement of finances
  • misappropriation of clients’ money
  • third breach of Rule 6 of the Rules of Conduct for Members within 10 years of receipt of a caution for breach of the same Rule
57
Q

N63. What would you do if a contractor offered to take you to a hospitality event?

A
  • I would decline, as because I have been targeted directly, it could be seen as trying to impair my judgement.
  • If the gift was directed at the company as a whole, I would secondly consider the timing, i.e. will I be awarding any sub-contracts soon, which this could be seen as influencing.
  • Finally, I would consider the proportionality of the gift, i.e. is it proportional to our business relationship.
  • I would also record any gifts I receive within the business register.
58
Q

N64. How do you keep up-to-date with topical issues?

A

• Receive emails from:

  • the RICS
  • IWFM
  • Building magazine
  • Construciton Manager
  • MHCLG - Ministry of housing, commmunities & local Gov
59
Q

N66. What would you do if a client offered you hospitality?

A
  • Politely decline.
  • I wouldn’t want to attend anything that may compromise my impartiality.
  • If they insist then I would pay my own costs.
60
Q

N67. What is a conflict of interest?

A

• When someone in a position of trust has competing personal or professional interests, making it difficult from them to fulfil their duties impartially.

61
Q

N68. How do you proactively avoid claims?

A
  • Follow RICS rules of conduct and ethical standards
  • Keep full detailed records of meetings and conversations
  • Do not advise if the advise required is outside my field of experience.
62
Q

N70. How can you limit your liability when agreeing terms of appointment.

A

• Sign underhand whenever possible.

63
Q

N71. What would say is conduct unbefitting a chartered surveyor.

A

• Conduct not inline with the Global Professional Ethical Standards.
• Such as:
o Dishonesty.
o Criminal convictions.
o Acting improperly in a conflict of interest situation.

64
Q

N72. What do you need to do to set up a new RICS Firm?

A

Preconditions:

  • Offer proffessional services
  • Have at least 25% MRICS qualified principles
  • Agree to comply with RICS rules of conduct

Process:

  • Fill out the RICS firm details form (online)
  • Have Professional Indemnity Insurance.
  • Pay fees for registering.
  • Have a procedure for Handling Clients Money.
  • Have a Complaints Handling Procedure in Place.
  • Have a process to ensure staff are adequately trained.
65
Q

N73. What are the RICS CPD requirements?

A
  • 20 hours CPD, of which 10 is formal.
  • Maintain relevant understanding of the RICS ethics.
  • Record CPD activities online by 31/01
66
Q

N74. What is a bribe?

A

• An exchange of value for an improper cause.

67
Q

N75. . What Regulation covers money laundering within the UK?

A

• The UK Money Laundering Regulation 2007.

68
Q

N76. Who does the UK Money laundering Regulation 2007 apply to?

A

• Anybody in the regulated sector.

69
Q

N77. What are regulated firms required to do?

A

• Put in place systems to stop money laundering.

70
Q

N78. What are the indicators of Money laundering?

A
  • Secretive Client.
  • Not knowing where the money is coming from.
  • Paying in a special way, i.e. cash.
71
Q

N79. What publications does the RICS publish relating to Bribes?

A

• Money Laundering Guidance 2011.

72
Q

N80. What would you do if a Client offered to pay you in cash for your works?

A

• Ask them to pay the cash into an online bank account then transfer the money, as paying in cash could be seen as tax evasion.

73
Q

N81. What law governs the act of Bribery within the UK?

A

The Bribery Act 2010.

74
Q

N82. What are the penalties for committing a bribe within the UK?

A
  • Up to 10 years in prison.
  • Unlimited fine.
75
Q

N83. What are the 6 Principles to mitigate a bribe?

A
  1. Proportionate Procedures = Companies should have procedures to prevent bribes.
  2. Top Level Commitment = Senior Management committed to stopping bribes.
  3. Risk Assessments = Assess a companies risks to bribes.
  4. Due Diligence = Performing due diligence on individuals who will perform services on behalf of an organisation.
  5. Communication = Training employees on how to identify a bribe.
  6. Monitoring and Review = Reviewing and improving procedures.
76
Q

N84. What are the four types of Bribes?

A
  1. Giving.
  2. Requesting.
  3. Offering.
  4. Receiving.
77
Q

N85. What is classed as a bribe under the Bribery Act 2010?

A
  • Bribing a public official.
  • Facilitation payments.
  • Failing to prevent a briber by a commercial organisation.
78
Q

N86. What are facilitation payments?

A

a small bribe known as a ‘grease payment’ or a ‘speed payment’ typically solicited to facilitate or expedite the performance of a routine transaction or service to which the person or company making the payment is legally entitled to receive.

In a bribe - not legally entitled to receive.

79
Q

10.3 What is the difference between an Institute and an Institution?

A

An institute is an organisation to advance the study of a particular subject.
An Institution is an organisation that exists to serve a public purpose.

80
Q

10.4 What is the RICS’s role today?

A

RICS has 3 main roles:
• To maintain the highest standards of education and training
• To protect consumers through strict regulation and professional standards
• To be the leading source of information and independent advice on land, property, construction and associated environmental issues.

81
Q

10.9 How do you become a fellow of the RICS?

A

To become a Fellow you must provide the following to the RICS Fellow Assessment Board:
• Provide evidence of senior management and professional responsibility
• Proof of the significant contribution you have made to the profession
• A portfolio of professional achievement to include your CPD record.

82
Q

10.20 If you were to set up your own company what would you need to do to set this up?

A

RICS Requirements

  • Comply with the RICS rules of conduct for firms.
  • Notify the RICS – let them know by completing an RICS firm details form.
  • PII – have in place adequate PII and send certificate to RICS. For new firms, PII is based on estimated turnover.
  • Register with RICS.
  • Be Regulated by the RICS – RICS will let you know if you need to be regulated by them once they receive your notification of a firm form.
  • Client’s Money Obligations –

i. Separate account.
ii. With ‘client’ in title.

  • Complaints Handling Procedure – have in place a CHP, record a complaints log, appoint a complaints handling officer, if sole practitioner this is a surveyor from another firm.
  • Staff Training and Development – RICS CPD requirements, establish a training programme to ensure staff are trained and competent.
83
Q

10.21 What are the The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

A

• No cash payments in excess of £10K euros is to be accepted
• Requires companies to appoint an MLRO
• Employees should report any suspicious activity to the MLRO who can investigate
• Firms should have in place money laundering training to educate staff
3 x due dilligence checks:

  • Customer DD
  • Simplified DD
  • Enchanced DD
84
Q

10.29 When can a conflict of interest occur?

A
  • Acting for another person with competing interests at the same time, for example acting for the buyer and the seller of a property.
  • You have obligations or pressures that detract or affect your relationship with the client, for example acting as an expert witness where you or your firm has an interest in the outcome of proceedings.
  • You are faced with conflicting duties owed to different clients, for example acting for 2 or more parties competing for an opportunity.
85
Q

What does the RICS do to further Facilities Management in the industry?

A
86
Q

What measures are in place for the RICS to protect client’s money?

A
  • Clients’ Money Protection Scheme.
  • This is a free service provided to clients of RICS-regulated firms.
  • Is an insurance policy to cover client’s direct loss of funds due to a firm regulated by the RICS.
  • All regulated firms who hold clients’ money pay a regulatory review fee on an annual basis.
87
Q

What is the RICS Regulatory Board?

A
  • RICS Regulation is administered by the RICS Regulatory Board, which is chaired by a non-member of RICS to demonstrate that our regulation of members is independent and at arm’s length from the interest of our members.
  • The Regulatory Board meets regularly to decide policy on regulatory matters and oversee implementation of the regime. It is responsible to RICS Governing Council for its decisions.
  • The Assigned Risk Pool and the Conduct and Appeals Committee also help in regulating the profession.
  • Stephen Haddrill - Chair of the Global Regulatory Board
88
Q

What is the management board?

A

The main purpose of the Management Board is to direct RICS affairs under delegated authority from Governing Council. The Board is comprised of non-members (independent), members of RICS, and RICS Executives.

89
Q

What is the standards and regulation board?

A

Chair, Dame Janet Paraskeva

The Standards and Regulation Board has exclusive responsibility for strategy, policy and operational oversight of the standards, entry and admission to the profession (through RICS’ education and qualification standards), and regulatory functions of RICS.

90
Q

What is the audit committee?

A

A committee consisting of members of the board of directors, charged with overseeing the entity’s system of internal control over financial reporting, internal and external auditors, and the financial reporting process. Members typically must be independent of management.

Chair - TBC

91
Q

What are the governenace boards?

A
  • Nominations committee
  • Presidential nominations committee
  • Remuneration committee
  • Finance committee
  • World regional boards
  • Market advisory panel
92
Q

What are contained in the Bye Laws?

A

a rule made by a company or society to control the actions of its members

  • Membership and registration
  • Designations
  • Contributions to funds
  • Conduct
  • Governing council, officers and staff
  • Subordinate boards, committees and groups
  • Procedure for general meetings
  • Accounts and audit
  • General
93
Q

What are the categories of RICS documents?

A
  • RICS Rules of Conduct for Members and Firms - These Rules set out the standards of professional conduct and practice expected of members and firms registered for regulation by RICS.
  • International standard - High-level standard developed in collaboration with other relevant bodies.
  • RICS professional statement (PS) - Mandatory requirements for RICS members and RICS-regulated firms
  • RICS guidance note (GN) - A document that provides users with recommendations or an approach for accepted good practice as followed by competent and conscientious practitioners.
  • RICS code of practice (CoP) - A document developed in collaboration with other professional bodies and stakeholders that will have the status of a professional statement or guidance note - mandatory.
  • RICS jurisdiction guide (JG) - This provides relevant local market information associated with an RICS international standard or RICS professional statement. T
94
Q

Who is the President-Elect of RICS?

A

Ann Gray

95
Q

What is the Levitt Report?

A

An Independent Review commissioned by RICS following the publication of a number of articles which alleged that the RICS had tried to suppress a critical internal report into its finances and then unfairly dealt with those who had sought to explore the issue

96
Q

Who is the senior vice president?

A

Tina Paillet

Carrie APC Mandatory (11 decks)

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