The RICS Charter, Bye-Laws and Regulations delegate the authority for exercising the Disciplinary and Regulatory function of RICS to the Standards and Regulation Board (SRB). The SRB do this by creating Rules which set out the processes, procedures and decisions. In accordance with Bye-Law 5.4.4 and the Regulatory Tribunal Rules, an Interim Measure may temporarily be imposed on a Regulated Member’s registration which will impact the way in which they can use their RICS membership.
What is an Interim Measure?
An Interim Measure has an immediate effect (as it applies as soon as a decision is made), and it can be in the form of a suspension or restrictions (like conditions) for up to an initial period of 18 months.
In some circumstances the interim measure can be extended beyond 18 months.
Who decides to impose an Interim Measure and is there a hearing?
An interim measure may be imposed at any point during a Regulation investigation into a Regulated Member. It is considered and decided by a Disciplinary Panel following a referral by the Head of Regulation under Rule 3(b) of the Regulatory Tribunal Rules.
The Disciplinary Panel will not be determining the facts of the case, but instead assess the information for the potential risk and whether there is a requirement for an Interim Measure prior to the conclusion of the case.
An Interim Measure may be imposed by a Disciplinary Panel where it is:
- necessary for the protection of the public and/or
- otherwise in the public interest and/or
- in the interests of the Regulated Member
What happens at an Interim Measures hearing?
An Interim Measures hearing before a Disciplinary Panel is ordinarily held in private, without any public attendees or observers. Only the representative for RICS and the Regulated Member will attend, with or without their legal or other representation.
Is the decision published?
In part.
In accordance with rule 94 and the 3.3 of Supplement 3 of the RICS Sanction Policy, the basic information of the decision will likely by published as follows:
- name of RICS member or Firm
- membership or registration number of RICS member or Firm
- location of RICS member or Firm
- confirmation it is a temporary suspension or restriction on practising
The published decisions can be found here by filtering the result by Interim Measure.
Can you appeal or review an Interim Measure?
After an interim measure is determined, a Regulated Member may appeal the initial decision, or ask for a review if there has been a change in circumstances. The process for this is set out in the Regulatory Tribunal Rules 143 to 152.
Is there any further support regarding Interim Measures and hearings?
A regulated member may wish to get legal advice or assistance from employers if you are facing an interim measure hearing. You can also contact the Regulatory Tribunal team by email if you have any questions.