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RICS Regulatory Tribunal hearings Q4 2020

Author: Modus staff

22 December 2020

RICS Regulatory Tribunal decisions

The Regulatory Tribunal (which includes an appeal panel) operates independently of RICS. It provides the profession with a body that can reach effective, fair and independent decisions on a range of disciplinary, registration and appeals matters. These matters can include decisions on cases of alleged misconduct or lack of competence. The Tribunal sits as panels of three to consider and hear cases in accordance with the powers in the RICS byelaws, regulations and relevant rules.

Mr Gil Winfield MRICS [1154050] Appeal Panel Hearing – Tuesday 19 February 2019

On 19 February 2019 a Disciplinary Panel considered one charge against Mr Winfield. The Panel found the charge proved and imposed that Mr Winfield be expelled from his membership at RICS.

The Disciplinary Panel also made order that Mr Winfield makes contribution to RICS costs.

Mr Winfield appealed this decision. The Appeal was heard by an Appeal Panel which concluded on 2 October 2020. The Appeal Panel allowed the Appeal and reinstated Mr Winfield into membership varying the sanction imposed by the Disciplinary Panel to a Reprimand.

 

Mr Kevin McNally [0848999] Disciplinary Panel Hearing – Tuesday 14 & Wednesday 15 September 2020

At a Disciplinary Panel hearing on Tuesday 14 and Wednesday 15 September 2020, the Panel considered two charges against Mr Kevin McNally, contrary to Rule 4, and Rule 4 and 5 of the Rules of Conduct for Members 2007.

The panel found the charges proved and imposed a reprimand, a fine and a condition on the member's continued membership. The panel also made order to costs.

Full decision can be found here.

For further information please contact Jae Berry, Regulatory Tribunal Manager, RICS.

 

Mr K Appeal Panel Hearing – Thursday 22 October 2020

During August 2019, a Disciplinary Panel of RICS was convened to hear four charges against Mr K. The Allegation (as amended) before the Disciplinary Panel was as follows:

1) On 28 September 2014 Mr K was dishonest when he made an application to RICS for readmission to membership, which contained a declaration that he had not been subject to any insolvency proceedings, such as an Insolvency Voluntary Arrangement when he knew that he had entered into an Insolvency Voluntary Arrangement during March 2014. He has therefore breached Rule 3 of the RICS Rules of Conduct for Members and is liable to disciplinary action under Bye-Law 5.2.2(c).

2) In the alternative, on 28 September 2014 Mr K made an application to RICS for readmission to membership, which contained a declaration that he had not been subject to any insolvency proceedings, such as an Insolvency Voluntary Arrangement when he should have known that he had entered into an Involuntary Voluntary Arrangement during March 2014. He has therefore breached Rule 3 of the RICS Rules of Conduct for Membership and is liable to disciplinary action under Bye-law 5.2.2(c).

3) On 2 December 2015 Mr K was dishonest when he made a Fellowship application to RICS, which contained a declaration that he was not an undischarged bankrupt when he knew that he had been made bankrupt during June 2015. He has therefore breached Rule 3 of the RICS Rules of Conduct for Members and is liable to disciplinary action under Bye-law 5.2.2(c).

4) In the alternative, on 2 December 2015 Mr K made a Fellowship application to RICS, which contained a declaration that he was not an undischarged bankrupt when he should have known that he had been made bankrupt during June 2015. He has therefore breached Rule 3 of the RICS Rules of Conduct for Members and is liable to disciplinary action under Bye-law 5.2.2(c).

The Panel concluded that there was no case to answer in relation to the charges against Mr K.

RICS appealed the decision of the Disciplinary Panel which was heard by an Appeal Panel on Thursday 22 October 2020. The Panel dismissed the appeal.

 

Sterling Consulting Limited [744945] Disciplinary Panel Hearing – Thursday 29 October 2020

At a Disciplinary Panel hearing on Thursday 29 October 2020 the Panel considered one charge against Sterling Consulting Limited, contrary to Rule 14 of the Rules of Conduct for Firms 2007.

The Panel found the charge proved and imposed a fine of £1,250.00 and ordered removal of the firm’s registration for regulation. The Panel also made order to costs.

 

Update to RICS Rules of Conduct

We want to ensure RICS professionals remain trusted and future-fit, and we do this by evolving the rules that underpin how they operate.

We invite feedback on how best to adapt RICS rules to ensure the public's confidence and meet client expectations. 

In our consultation, we proposed a simplified structure of five rules to bring all ethical standards into a single document, and introduce new example behaviours expected of RICS professionals globally.

The consultation closed on 7 December 2020, but you can still download the document and sign up for notifications. 

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