Code of Conduct & Ethics
Rule 1: Interpretation and Definitions
In these rules, except where the context otherwise requires:-
(a) The "Institute" means the Institute of Specialist Surveyors and Engineers - The ISSE.
(b) The "Board" means the Board of Directors of the Institute or any Executive Committee appointed by the Board.
(c) "Member" means a member of the Institute satisfying the
following:-
I. Has applied for membership in a manner implemented by the Board.
Has been accepted by the Institute as a member.
Paid and continues to maintain payment of membership fees.
Agrees to be bound by the ISSE Code of Professional Conduct.
(d) "Surveyor" means Specialist Surveyor or Engineer.
(e) "Membership Category" means prescribed qualifying category comprising:- Affiliate, Member, Associate and Fellow. "Distinguishing Letters" are applied to all "Membership Categories" except provisional and affiliate.
(f) "Client" mean a person or organisation who has instructed or intends to instruct a surveyor or engineer to carry out a survey, consultancy or other work.
(g) The "Publicity Code" means the requirement:-
That the name of the Institute or it's Membership Categories may only be shown in direct connection with the Member and shall not be used to imply any connection or membership status for a company or firm without the express written permission of the Board.
That it is the Member's duty to ensure that the Publicity Code is upheld by any company or firm with which he is associated, including his employer.
(h) "Proper Conduct" means the general or the following specific duties of a Member:-
1: To establish the scope of the survey or other work required by the
Client.
2: To execute the requirement with all due diligence.
3: To report findings accurately and properly as appropriate.
4: To make appropriate recommendations.
5: To hold the business relationship with the client and/or with an employer in confidence at all material times.
6: To not, without the written permission of an employer, render services that may conflict with the legitimate interest of that employer.
7: To only undertake surveys or consultancies etc. for which the Member is properly qualified and experienced.
(i) Any words importing the masculine shall include the feminine and words in the sungular shall include the plural when the context allows.
Rule 2: Business Conduct
A Member shall not obtain or attempt to obtain instructions (or allow others to do so on his behalf) or conduct business in any manner which compromises or is likely to compromise any of the following:-
(a) The Member's independent or professional status.
(b) The Client's freedom to instruct a Surveyor or engineer of his choice.
(c) The Member's duty to act in the best interest of the Client.
(d) The good repute of the Member or of the Institute.
(e) The Member's proper conduct.
Rule 3: Publicity
Subject to being accepted by the institute as qualified for a particular category of membership, a Member may publicise his practice using his Distinguishing Letters and the institutes logo. No publicity shall contravene the Institute's Publicity Code as promulgated from time to time by the Board.
Rule 4: Conflicts of interest
A Member must disclose, in writing, any potential conflict of interest when accepting instructions or performing duties thereafter.
Rule 5: Survey fees
A Member shall agree with the Client the fee, or the basis for charging fees, and expenses prior to undertaking the survey or consultancy.
Rule 6: Recourse to Disciplinary Action
In the event of a breach of any rule, code or policy of the Institute by a Member, the Board may revoke or suspend the membership of that person or organisation.
Such action will not be taken without the Member having first been offered the opportunity to present his case to the Board.
Rule 7: Amendments or adition to membership
The Board may amend or add new Rules to the Code of Professional Conduct without prior notice. Any such change will take effect immediately following circulation to the membership and / or publication on the institutes website.
Complaints Procedure
1: A complaint against a member can be made by another member or a member of the public.
2: To be proven, the complaint must show that the member has broken the Code of Professional Conduct of the Institute.
3: The complaint must be made in writing to the Professional Standards’ Director of the Institute together with all relevant evidence.
4: If there is no written evidence there must be witness statements, preferably a minimum of two, from independent people in support of the complaint.
5: The complaint will be assessed, initially, by the Professional Standards’ Director who will approach the member with the basis of the complaint and invite a response.
6: The Professional Standards’ Director will then either:-
a) Make recommendations to the next board meeting for discussion or
b) Arrange, with the agreement of the Chairperson of the Board, to establish a tribunal to further consider the complaint. If a tribunal is established then:-
7: The tribunal will comprise a chairperson and two other board members who shall have no conflict of interest with either party. If that requirement proves impossible, the chairperson may appoint one or both of the other tribunal members from outside the board.
8: Before the tribunal hearing is convened, each party will be provided with the submissions presented by the other party.
9: Both the member and the complainant will be invited to the hearing unless the facts of the complaint are self evident, in which case only the member will be invited. Witnesses, who have submitted written statements, may also be invited to attend.
10: Each party will be permitted one further person to be present at the hearing who may advise the party involved and who may address the tribunal but only with the express consent of the chairperson.
11: At the conclusion of the hearing, the tribunal will hold a separate meeting to formulate its recommendations and these will be passed to both parties verbally at that time.
12: The recommendations of the Director of Professional Standards’ or of the tribunal, as appropriate, will be presented to the next board meeting for discussion and a final decision which will be passed to both parties in writing.
13: The final decision may, amongst other things, be one of the following:-
a) Find the complaint unproven
b) Take action against the member which might involve suspension or termination of his/her membership.
c) Suggest mediation.
NOTE: The board is not empowered to oblige either party to compensate the other.
14: Either party will have the right to appeal in which case the above procedure will be repeated subject to the prior receipt of additional evidence and a non-refundable fee of £300 paid to the Institute by the appellant.