SOE Hooks 1.0 Flashcards
What is included in the Rules of Conduct as updated in 2022
Rule 1: Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
Rule 2: Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise
Rule 3: Members and firms must provide good-quality and diligent service.
Rule 4: Members and firms must treat others with respect and encourage diversity and inclusion.
Rule 5: Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
What is the RICS CPD policy?
Each member has to complete 20 hours of Continual Professional Development every year.
You must complete 48 hours per year as an APC candidate
What was included in the 2022 rules update?
Provides behavioural example for each rule of conduct.
It expaned and gave greater focus on diveristy and inclusion
What is in the RICS global professional and ethical standards?
Hon - Comp - Law - Conf - Promo
Acting with honesty, integrity, and in the best interests of clients.
Maintaining professional competence and knowledge.
Complying with applicable laws, regulations, and professional standards.
Protecting client confidentiality and handling conflicts of interest appropriately.
Promoting and upholding the reputation of the profession.
What is your overarching role as a PM
To manage the project team, and drive the successful compeltion of the project and its objectives
What is included in you PM scope of series
1) Establish & Attend meetings and record outcomes.
Project procedures and protocols. Draft the PEP.
Review and recommend payments. Create and monitor programme. Manage change control.
Prepare and maintain project risk register.
2) Coordinate the project brief and design
3) Manage planning and consents
4) Manage and lead the procurement process
5) Monitor construction / administer the building contract.
6) Provide advise on financial issues e.g implications of developing different sites/programmes
7) Advise on contract matters (EOTs)
What do you do if a client asks you for a sevice out of your scope of services?
I would advise the client that the service is out of my PM scope of services.
I would assess if the services are within my competence before offering to extend my scope of services for a fee.
What are offences under the anti bribery act 2010 / RICS guidance ?
You must not:
GIVE Offering, promise, or give a bribe.
RECIEVE Requesting, agreeing to receive, or accepting a bribe.
Bribe a foreign public official.
Fail to prevent bribery by individuals or organizations associated with a business.
Where do you register gifts and hospitality?
Any details?
In G&Ts gifts and hospitality register
What is G&T’s policy on gifts and hospitality?
The limits for the UK are set out in the G&T AB policy £100 for personal expenditure, and £250 maximum for groups of 2 or more (i.e. not £100 per person)
Everything else requires delegated authority
What are the general offences under the bribery act
Offering, promising, or giving a bribe.
Requesting, agreeing to receive, or accepting a bribe.
Bribing a foreign public official.
Failing to prevent bribery by individuals or organizations associated with a business.
What are the 6 principles of the Bribery Act?
PP - Top - Risk - DD - Comms - Mon
- Proportionate procedures - The procedures taken by an organisation should be proportionate to the risks it faces and the nature, scale and complexity of its activities. A small organisation would require different procedures to a large multinational organisation.
- Top-Level Commitment - The top-level management should be committed to prevent bribery and foster a culture within the organisation in which bribery is unacceptable.
- Risk Assessment - Organisations should assess the nature and extent of its exposure to risks of bribery, including potential external and internal risks of bribery.
- Due Diligence - The organisation should apply due diligence procedures in respect of persons who perform services for – or on behalf of – the organisation in order to mitigate bribery risks.
- Communication - The organisation should ensure its bribery prevention policies and procedures are embedded and understood throughout the organisation through internal and external communication, including training, proportionate to the risks it faces. Communication and training enhances awareness and helps to deter bribery.
- Monitoring and Review - The organisation should monitor and review procedures designed to prevent bribery and make improvements where necessary. The risks an organisation faces may change and, therefore, an organisation should evaluate the effectiveness of its anti-bribery procedures and adapt where necessary.
What is your complaints handelling procedure?
Once received I will provide written acknowledgement within 7-days.
I will notify my project Partner and Company Secretary & Governing Counsel Imelda Moffet, who will log this within the Complaints Handling Log.
I will notify G&T’s PII insurer ‘Marsh’
I will provide a formal written response within 28 days.
- If resolved G&T will undertake an internal audit in order to prevent the issue from reoccurring.
- Following this, then the Company Secretary & Governing Counsel will update the Complaints Handling Log based on this outcome.
However, if the complaint is still unresolved then an independent redress provider would review this such as the RICS Dispute Resolution Service.
How did you maintain tender confidentiality (L3 ethics)
1) I advised their legal team should draft an NDA
2) signed by tendering parties before beginning tender process
How did you resolve the issue of a tendering contractor received info which created a competitive advantantage. L3 Ethics
1) Redistrobuted info to all
2) advised my cleint who confirmed they were happy for tender to proceed
3) copetitive advantage was eliminated
Before assisting clients with appointments I…?
/
If do you do if a client asks for advice on PI
will notify the Client that advice on level of insurance to be provided is outside of my scope of services and advise they should consult their legal advisors and insurers on the topic.
What is a conflict of intrest?
it is a situation where your duty to someone is potentially compromised by the fact that you have a material interest at stake in the matter.
When there is doubt about your ability to make an impartial decision.
What are the three types of conflicts of intrest defined by the RICS?
3 types of conflict of interest:
- PARTY CONFLICT: situation in which the duty of an RICS member (working independently or within a nonregulated firm or within a regulated firm) or a regulated firm to act in the interests of a client or other party in a professional assignment conflicts with a duty owed to another client or party in relation to the same or a related professional assignment
- OWN INTEREST CONFLICT: situation in which the duty of an RICS member (working independently or within a nonregulated firm or within a regulated firm) or a regulated firm to act in the interests of a client in a professional assignment conflicts with the interests of that same RICS member/firm (or in the case of a regulated firm, the interests of any of the individuals within that regulated firm who are involved directly or indirectly in that or any related professionalassignment)
- CONFIDENTIAL INFORMATION CONFLICT: a conflict between the duty of an RICS member (working independently or within a non-regulated firm or within a regulated firm) under paragraph 2.2 to provide material information to one client, and the duty of that RICS member (working independently or within a non-regulated firm) or of a regulated firm under paragraph 2.1 to another client to keep that same information confidential.
Is advice on level of professional indeminity covered by G&T’s PI cover
No it is not
What is professional indemnity insurance?
Professional indemnity insurance covers the cost of compensating clients for loss or damage resulting from negligent services or advice provided by a business or an individual.
What’s is a any one claim policy for PII?
An any one claims limit – also known as a per-occurrence limit – reflects the maximum amount an insurer would pay out for an individual claim.
I.e. if a limit is 1 mil, you can have 2x 700k claim in the period.
What is aggregate PII cover?
an ‘aggregate’ policy provides cover up to the full limit for all claims made in the period of insurance.
What is retoractive PII cover?
This policy covers claims that are first made against the insured during a period of insurance regardless of when the negligent act occurred.
If the retroactive date of the policy is stated as ‘none’ then the policy is fully retroactive and all former works carried out by the firm will be covered.
Tell me about Merrett V Babb 2001?
- Babb completed a valuation as an employee of a company for a house purchased by Merrett
- The valuation was later found to be negligent
- The original company no longer existed and the PII polcy had been cancelled
- The court ruled Merrett Could pursue the individual (Babb) for losses.