Code of Conduct (effective 01 May 2009)

The Code is published under the Charter, Byelaws and Regulations approved under the Grant of Royal Charter dated 22 July 2005.

This Code has been subsequently amended at the Annual General Meetings held on 18 November 2006 and 22 November 2008. This edition of the Code became effective from 1 May 2009.

Introductory Note (The Introductory Note does not constitute part of the Code).

The object of this Code of Conduct is to promote the standard of conduct, or self-discipline, required of members of the Institute in the interest of the public. It aims to ensure:
(a)  that members conduct themselves in a manner consistent with that of a professional person;
(b)  that one member does not gain an unfair advantage over another;
(c)  that members do not misrepresent themselves or the Institute; and
(d)  that the public may rely upon the members for their integrity and professionalism.

The Institute will not normally use its disciplinary procedures to determine allegations of incompetence or negligence.

All members are governed by the Charter, Byelaws and Regulations of the Institute and supplementary regulations as may be in force from time to time.

All members must adhere to the Code of Conduct at all times and must endeavour to secure the widest possible acceptance of the Code by all other members. When it is alleged that any member has acted in breach of the Code, the Conduct Committee shall inform the member of their right to explain the circumstances. If the Conduct Committee considers that there is a case to answer, it shall investigate the complaint, consider the evidence at a formal Hearing, and make its decisions. Decisions of the Conduct Committee take immediate effect.

The member and complainant have the right to attend the member’s formal Hearing in accordance with the Conduct and Disciplinary Procedures of the Institute.

The member and complainant have the right of appeal via an independent tribunal, except when the Conduct Committee has determined that there was no case to answer.

The Executive Board shall receive reports of the Conduct Committee detailing its decisions.

For the purposes of this Code, the Institute may hold a member acting through a body corporate of which he is a director or a member, responsible for the acts of that body and such a member shall so conduct the business of that body to comply with the Code of Conduct.

End of Introductory Note

The Code:

In this Code the words standing in the first column of the following table shall bear the meaning set opposite to them respectively in the second column if not inconsistent with the subject or context:

WORDS and MEANINGS:
 
“appeals procedure”; an appeal through an independent tribunal established to consider appeals by members or complainants against a disciplinary action or procedures following a Conduct Committee formal Hearing except where it was determined that there was no case to answer.
“Board”; the Executive Board of the Institute.
“Chartered Member”; those Members awarded the suffix MCIAT and use of the designation “Chartered Architectural Technologist” by the Institute.
“client”; a person or body who commissions a service or services.
“Conduct Committee”; the Committee established by the Institute to consider allegations of breaches of the Code of Conduct and to agree actions in relation to the complaint.
“complainant”; a person or body who may make a complaint to the Institute concerning the professional conduct of a member.
“conflict of interest”; any interest, financial or otherwise, any business or professional activity, or any obligation which is incompatible with the proper discharge of a member’s duties.
“Institute”; The Chartered Institute of Architectural Technologists.
“in writing”; written, printed or lithographed or partly one or partly another or produced by any other modes of representing or reproducing words in a visible form.
“member”; those members accepted by the Institute as either a Chartered Member (MCIAT), a Technician member (TCIAT), an Associate (ACIAT), a profile candidate or a student.
“practice”; one of the following: a) a sole practitioner; b) a company incorporated under the Companies Acts; c) a partnership constituted under the Partnership Act 1890; d) a Limited Liability Partnership incorporated under the Limited Liability Partnership Act 2000; or e) as defined in the member’s jurisdiction of business.
“principal”; a member who is either a sole practitioner, a director, a partner or a limited liability member of a practice.
“profile candidate”; those persons accepted by the Institute into the class of profile candidate.

Words importing the singular number only shall include the plural number and vice versa.
Words importing the masculine gender only shall include the feminine gender.
Words importing persons shall include corporations.

Clause 1: Professional Conduct
The members shall at all times:
a) act with integrity so as to uphold the standing and reputation of the Institute;
b) act faithfully and honourably in their professional responsibilities;
c) rely only on merit or fair competition to secure commissions and appointments;
d) not seek directly or indirectly to injure the professional reputation of another;
e) not knowingly misrepresent the views of the Institute;
f) not knowingly misrepresent their professional qualification.

Clause 2: Descriptors
a) Only Chartered Members may use the suffix MCIAT and shall describe themselves as Chartered Architectural Technologists, unless:
i) the Board approves either generally or specifically the use of any other description, or;
ii) they possess other qualifications or perform other functions which allow the use of other descriptions.
b) Only those members awarded the suffix TCIAT shall describe themselves as Architectural Technicians, unless:
i) the Board approves either generally or specifically the use of any other description, or;
ii) they possess other qualifications or perform other functions which allow the use of other descriptions.
c) Other classes of membership should describe themselves factually and in good faith or as the Board directs.

Clause 3: Practice Registration
a) Only Chartered Members and profile candidates may act as principals and offer services directly to a client.
b) Chartered Members and profile candidates acting as principals shall:
i) obtain and maintain formal registration of their practice with the Institute; and
ii) comply with the “Requirements for CIAT Registered Practices” as published by the Institute from time to time.

Clause 4: Advertising
a) Only Chartered Members may advertise their membership of the Institute as a professional qualification to secure commissions directly from a client.
b) Profile candidates may not make reference to their membership of the Institute in advertisements, other promotional activity or to their clients or associated third parties.
c) All members may advertise their services in the professional services columns of publications in all mediums to undertake sub contract work or work sharing with or for other Institute members, or other professionals within the construction process provided that such information is factual and in good faith.

Clause 5: Professional Indemnity Insurance
Chartered Members or profile candidates who:
a) provide services directly to a client shall obtain and maintain adequate professional indemnity insurance;
b) are principals of a practice providing services directly to a client shall ensure that adequate professional indemnity insurance is obtained and maintained by that practice;
c) were principals but who have ceased to provide services directly to clients shall take all reasonable steps to either:
i) ensure that adequate run off professional indemnity insurance cover is effected; or
ii) discharge their duty whilst protecting the interest of their client;
d) are or were principals shall on request by the Institute provide the necessary evidence to demonstrate compliance with clauses 5a)—5c) above.

Clause 6: Providing Services Directly to a Client
Chartered Members and profile candidates acting as principals of a practice shall:
a) before commencing work on any commission, endeavour to ensure that their terms of engagement have been given in writing to the client;
b) satisfy themselves that those terms have been accepted;
c) endeavour to ensure that the services offered and provided by their practice are appropriate to their client’s requirements;
d) endeavour to ensure that the client’s existing professional advisors (if any) have been consulted and endeavour to ensure that all responsibilities to those persons have been appropriately discharged;
e) not misrepresent the services available by their practice; and
f) decline to provide a service to their clients if they knowingly lack adequate resources or if appropriate, advise or recommend the necessity of assistance from a suitably qualified professional.

Clause 7: Conflicts of Interest
a) Chartered Members or profile candidates offering services directly to a client shall take reasonable precautions to ensure that no conflict of interest arises between their clients and themselves.
b) Employed members shall take reasonable precautions to disclose to their employer any conflict of interest which arises between themselves and their employer.
c) Any members perceiving a potential conflict of interest shall report that conflict in writing to either their clients or employer as appropriate at the earliest opportunity.

Clause 8: Continuing Professional Development
The members (excluding student members) shall:
a) keep themselves informed of current practices and developments appropriate to the type and level of their responsibilities; and
b) be able to provide evidence that they have complied with the requirements for continuing professional development (CPD) as published by the Institute from time to time.

Clause 9: Breaches of this Code
The members shall:
a) report to the Institute any alleged breaches of this Code by themselves of which they become aware;
b) not at any time seek to dissuade, penalise or unreasonably discourage any person from bringing or pursuing a complaint against a member; and
c) when subject to an investigation by the Institute of an alleged breach of this Code use their best endeavours to assist in that investigation at their own cost.

Clause 10: Cessation of Membership
Immediately upon ceasing to be members of the Institute, the members shall:
a) cease referring to themselves as a member of the Institute;
b) return their certificates of membership to the Institute; and
c) take all reasonable steps to prevent third parties describing them as members.

END