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APC Rural Pathway 2024 > Mandatory Competencies/ Ethics > Flashcards

Mandatory Competencies/ Ethics Flashcards

1
Q

What are the RICS Rules of Conduct?

A

The RICS Rules of Conduct are in force to promote the highest ethical standards. They are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.

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2
Q

When did the most recent RICS Rules of Conduct come in to effect?

A

2nd February 2022

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3
Q

Name some of the rules of conduct

A

Members and firms must be honest and act with integrity
Members and firms must maintain their professional competence and ensure goods and services are provided by competent individuals
Members and firms must provide good quality and diligent service
Members and firms must treat others with respect and encourage diversity and inclusion
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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4
Q

What are the CPD requirements post APC?

A

20 hours (10 informal and 10 formal which must be recorded online)

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5
Q

You say you are conscious of interacting with tenants or clients in your personal time. If a friend asks you to value their farm one night at the pub, what would you do and why?

A

Decline, on the basis that as an individual I am not registered with RICS, I do not have individual PII or run-off cover, a complaints handling officer or have a locum in place. Therefore, I am unable to operate individually.

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6
Q

What act governs a gift policy?

A

The Bribery Act 2010

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7
Q

Can you give me another example of an ethical situation you have been involved in and the advice given?

A

Personal Answer

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8
Q

What is your company’s procedure for handling conflicts of interest?

A

When met with a conflict of interest my firm has a conflict of interest declaration portal where we can declare any potential conflicts of interest to gain informed consent.

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9
Q

When was RICS founded?

A

1868

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10
Q

What does RICS stand for?

A

Royal Institution of Chartered Surveyors

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11
Q

Give me and example of when you have acted with honesty and respect?

A

Personal Answer

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12
Q

What factors impact your choice of communication?

A

When conducting agricultural rent reviews the choice of communication is determined by the TFC’s recommended process, i.e. use of letters sent by recorded delivery.
In other situations, the tenant/client may determine the method by way of considering eyesight or hearing loss. Communication may also be determined by the type of negotiation and whether it requires an email follow up confirming the items discussed/agreed.

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13
Q

What is your companies lone working policy?

A

Employees within our firm have a lone working app which is downloaded onto their work mobile phone. The apps allow for employees to call for support or emergency assistance when needed. Our lone working policy identifies employees risk category and according to our policy my job role falls within the high category due to the fact I routinely leave the office to remote areas without direct supervision.
Our firm urges that if lone working can be reasonably avoided and eliminated from a job role then this should be implemented

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14
Q

Name some of the rights under GDPR?

A

Right to…
be informed
of access
of rectification
to erasure
to restrict processing
to data portability
to object
related to automated decision making including profiling

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15
Q

Who governs GDPR in the UK?

A

Information Commissioner’s Office (ICO)

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16
Q

Talk me through some dispute resolution procedures?

A

Mediation, arbitration and expert witness.

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17
Q

What is the difference between mediation and arbitration?

A

Mediation is the simplest form of dispute resolution where the parties meet with a mediator, who attempts to find an acceptable settlement between the parties. Arbitration is governed by the Arbitration (Scotland) Act 2010 and is a process where the arbitrator’s decision must be accepted by both parties, it is legally binding.

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18
Q

Define an inclusive environment.

A

In an inclusive environment, people of all cultural orientations can: freely express who they are, their own opinions and points of vie

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19
Q

You say you attended a CPD course on X - what did you learn?

A

Personal Answer

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20
Q

Who is the President of RICS?

A

Tina Paillet

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21
Q

How would you manage a conflict of interest?

A

On identifying the potential conflict, I would liaise with my superior to advise all parties of the potential conflict. I would then present options to address the conflict of interest enabling the party(ies) to decide how to proceed.

22
Q

What is the difference between a P&L account and a balance sheet?

A

Balance sheet = statement of assets, liabilities and capital.
P&L = statement of income and expenses.

23
Q

What would you do before undertaking a site visit on your own?

A

I would inform someone in the office of where I am going, what time I plan to arrive and what time I plan to be back in the office. I would ensure that member of staff has my mobile number to contact me in case of emergency.

24
Q

What is PII? Why is it required?

A

Personal Indemnity Insurance protects against claims for loss or damage made by clients or third parties as a result of the impact of negligent services you have provided or negligent advice you have offered.

25
Q

What are the different methods of communication you use?

A

Email, telephone, text, social media and verbal.

26
Q

Explain CDM?

A

Construction (Design and Management) Regulations 2015. They help to guide building and construction works in the UK, by providing guidelines for planning, managing people, coordinating elements of works and how to communicate. For constructions works operating for more than 30 days with more than 20 workers or involving 500 person days of work, you will need to notify HSE.

26
Q

What is the RICS governance structure?

A

Privy council - governing council - standards and regulations board, management board, nominations and remuneration committee

27
Q

You have passed your APC and want to start your own business right away. What do you do?

A

Register with RICS
Set up PII
Set up run-off cover
Appoint a locum
Appoint a complaints handing officer in a different firm.

27
Q

If you got a gift of a case of wine to complete a job more quickly, would you accept?

A

No, this would be classified as a bribe. Gifts can only be accepted once a job is complete, the invoice is paid and it is proportional to the job completed.

28
Q

What are the four offences in the Bribery Act 2010?

A

Receiving a bribe, bribing, bribing a foreign public official and failing to prevent a bribe

29
Q

What is the sentence for failing to comply with the Bribery Act 2010?

A

Up to 10 years in prison and/or an unlimited fine.

30
Q

What is the timeline for responding to a complaint?

A

Best practice to hold a meeting but if cannot be resolved, ask complainant to submit complaint in writing, it should be acknowledged within 7 days and dealt with within 28 days as per the RICS guidelines. If the complainant is still unhappy, the matter can be referred to a third part such as the Property Redress. You should refer to your firms own CHP.

31
Q

What are the PII levels?

A

This depends on the firm’s turnover
If the turnover is £100k or less it is £250k
If turnover is £100-200k it is £500k
If turnover is above £200k it is £1m

32
Q

Red flags of money laundering?

A

Transactions which do not make sense. A money trail which you cannot follow (lack of receipts). Paying significantly in excess of the asking price/fee. You are unable to identify the company/person behind the transaction.

33
Q

Tell me about something you have read recently which would be on interest to the RICS?

A
34
Q

Key elements of a terms of engagement for valuation?

A

Purpose of valuation
Asset to be valued
Valuation date
Interest to be valued
Valuer and their status
Assumptions and special assumptions

35
Q

What is the Bichard RICS Review 2022?

A

The Bichard RICS Review was published in June 2022 following an investigation into the institution by Lord Michael Bichard.

36
Q

What are some of the Bichard’s recommendations in his review?

A

RICS’ reporting lines and the introduction of new leadership roles to simplify its governance model
Changes to the governing council, the highest governing body within RICS
A senior independent governor will be introduced to monitor the governing council
A new public fund for public interest activities is established. Lord Bichard has suggested that the fund is made up from fines paid by members who have been found to have breached regulations

37
Q

What is your firm’s gift policy?

A

My firm’s gift policy which states that all gifts received by clients under £75 in value need to be disclosed to my line manager, gifts over £75 need to be receive pre-approval by my line manager and compliance.

38
Q

GDPR UK sets out 7 key principles what are these?

A

Lawfulness, fairness and transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality (security)
Accountability

39
Q

What is the RICS Dispute Resolution Service?

A

RICS DRS is largest provider of alternative dispute resolution (ADR) services in the land, property and construction industries
They also provide training for professionals who wish to act as a dispute resolver

40
Q

What is Alternative Dispute Resolution (ADR)?

A

Alternative dispute resolution, or ADR, is a process in which a neutral third party—a mediator or arbitrator—helps parties who are embroiled in a dispute come to an agreement.

41
Q

What is your firm’s data protection policy?

A

Our firm adheres to the local data privacy laws (General Data Protection) both for employee personal data and client personal data

42
Q

What are the key principles of the Health and Safety at Work Act 1974?

A

The Health and Safety at Work etc Act 1974 is the primary piece of legislation covering occupational health and safety in the UK. Which employers and employees must abide.

43
Q

What is your firm’s Diversity and Inclusion Strategy?

A

Within our firm there are employee networks which promote diversity and inclusion covering race, sexual orientation and disabilities.

44
Q

What are the key principles of the Equalities Act 2010?

A

It brings together over 116 separate pieces of legislation into one single Act so that it is easier to use. It sets out the personal characteristics that are protected by the law and the behaviour that is unlawful.

45
Q

What are some of the protected characteristics included in the Equalities Act 2010?

A

Age
Disability
Gender reassignment
Marriage and Civil Partnership
Pregnancy and Maternity
Race
Religion or Belief
Sex
Sexual Orientation

46
Q

What is a conflict of interest?

A

Where someone in a position of trust has competing personal or professional interests making it difficult for them to fulfil their duties impartially. Surveyors have an obligation to make clients aware of this and if necessary decline work opportunities where a conflict of interest occurs.

47
Q

How could the conflict of interest be managed internally if two separate departments were working for the same client?

A

Ensure exclusivity of staff to each department
Separate communication lines into the client
Information barriers or separate locations
Sign up to confidentiality/ NDA
Monitor the potential conflict and keep the client updated

48
Q

If the client was insistent that you worked for them despite an existing conflict of interest how would you proceed?

A

Check the clients understanding around the conflict of interest
Make them aware of the potential for reduced impartiality
A letter of instruction from the client to continue
Talk through with the client working procedures to manage the conflict of interest

49
Q

What sort of insurances do charter surveyors need to have?

A

PII
Buildings insurance
Contents insurance
Employers Liability insurance

50
Q

Under the Bribery Act, under what circumstance is a facilitation payment permitted?

A

The only circumstance in which it is OK to make a facilitation payment is when you are under duress

APC Rural Pathway 2024 (9 decks)

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