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PRACTICE NOTES
This Practice Note looks at the Code for leasing business premises, 1st Edition, RICS professional standard (the Lease Code 2020) from a transactional property lawyer’s perspective. Status of the Lease Code 2020 The Lease Code 2020 is effective from 1 September 2020. Originally issued as a professional statement, it was reissued as a professional standard in September 2023. RICS confirms that ‘[t]he regulatory requirements remain the same and no material changes have been made to the document.’ A full copy of the Lease Code 2020 can be accessed through the RICS website here. It is the result of pan-industry discussion. Its stated objective is: ‘…to improve the quality and fairness of negotiations on lease terms and to promote the issue of comprehensive heads of terms that should make the legal drafting process more efficient.’ As a Royal Institution of Chartered Surveyors (RICS) professional standard, the Lease Code 2020 sets out requirements or expectations of practice for RICS members and for firms that are regulated by RICS. It includes both mandatory
PRACTICE NOTES
Statutory basis of residential service charge code—LRHUDA 1993, s 87 To promote desirable practices in relation to the management of ‘residential property’, the Secretary of State (in England) and the National Assembly for Wales (in Wales) have the power to approve codes of practice, including in relation to the management of residential service charges by ‘relevant persons’ (each a Code). For these purposes a ‘relevant person’ means any landlord of residential property, or any person who discharges management functions with respect to the provision of services, or the repair, maintenance, improvement or insurance of residential property. ‘Residential property’ means any building or part of a building which consists of one or more dwellings let on leases, but reference to residential property includes: • any garage, outhouse, garden, yard and appurtenances belonging to or usually enjoyed with such dwellings • any common parts of any such building or part, and • any common facilities which are not within any such building or part England RICS Service
PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. 1 Introduction This Code of Conduct applies to you whenever you are acting in your capacity as a member of [council name], including: 1.1 at formal meetings of the Council, its Committees and Sub-Committees, its Cabinet and Cabinet Committees 1.2 when acting as a representative of the authority 1.3 in taking any decision as a Cabinet Member or a Ward Councillor 1.4 in discharging your functions as a Ward Councillor 1.5 at briefing meetings with officers 1.6 at site visits 1.7 when corresponding with the authority other than in a private capacity 2 Interpretation 2.1 It is your responsibility to comply with the provisions of this Code. 3 General conduct You must: 3.1 provide leadership to the authority and communities within its area, by personal example; 3.2 respect others and not bully any person; 3.3 recognise that officers (other than political assistants) are employed by and serve the whole authority; 3.4 respect the confidentiality of information that you receive as a member by: 3.4.1 not disclosing confidential information to third parties unless required by law to do so or where there is a clear and overriding public interest in doing so; and
GLOSSARY
A guide for surveyors and valuers which provides detailed, precise definitions to assist surveyors/valuers with the accurate measurement of buildings/land, the calculation of the sizes (areas and volumes) and the accurate (and consistent) description or specification of land/buildings. It is published by the RICS.
NEWS
The Department for Business and Trade has published the statutory Code of Practice on Dismissal and Re-engagement which sets out employers’ responsibilities when seeking to change contractual terms and conditions of employment and seeks to ensure dismissal and re-engagement is only used as a last resort. The Code came into force on 18 July 2024.
GLOSSARY
The ethical standards framework governing the conduct of local authority members as laid down by the Localism Act 2011, s 27(1), (2), the Local Government Act 2000, Part III and the Local Authorities (Model Code of Conduct) Order 2007 (SI 2007/1159).
PRECEDENTS
1 Introduction 1.1 The Code of Conduct and the Disciplinary Procedure set out below are designed to ensure that all employees of the Company are treated fairly and consistently, to ensure the efficient and safe performance of work and to promote the maintenance of good relations between colleagues and between employees and their managers. 1.2 You should familiarise yourself with and abide by the Code of Conduct and Disciplinary Procedure. The Disciplinary Procedure[ has been agreed in consultation with [trade unions, namely [enter details] AND/OR our staff association AND/OR employees] and] applies to all employees. 1.3 The Disciplinary Procedure will be used where there are possible issues of misconduct. This procedure does not apply to cases where an employee fails to perform to the required standard as a result of lack of skill, capability or training or has genuine sickness absence. In those cases, reference should be made to the [Capability Procedure OR [insert name of alternative relevant policy/policies]]. 1.4 The Code of Conduct is contractual and forms part of your contract of employment with the Company. The Disciplinary
PRECEDENTS
1 Purpose and scope of the procedure 1.1 The code of conduct and disciplinary procedure set out below are designed to ensure that all employees of the Company are treated fairly and consistently, to ensure the efficient and safe performance of work and to promote the maintenance of good relations between colleagues and between employees and their managers. 1.2 You should familiarise yourself with and abide by the code of conduct and disciplinary procedure, which applies to all employees. 1.3 The code of conduct forms part of your contract of employment with the Company. The disciplinary procedure does not form part of your contract of employment. It may be amended at any time and the Company may use an alternative procedure depending on the circumstances of the particular case. 2 Code of conduct 2.1 The code of conduct covers the main standards of behaviour and performance required by the Company. You are under a duty to comply with the standards of behaviour and performance required by the Company and to behave in a reasonable manner at all times. We may consider your
Q&As
Under the Localism Act 2011 (LA 2011), the adoption of a national code of conduct was abolished and local authorities (LAs)were given the power to determine their own code of conduct. However, the code of conduct needs to be in cohesion with the duties set out in LA 2011. The duty to have a code of conduct in place and arrangements for failure to
PRECEDENTS
Message from [CEO] At [insert organisation’s name], we take great pride in the way we conduct our business and our contributions to the communities in which we live and work. We also take great pride in our culture of integrity and high ethical standards which are central to how we do business. [Insert organisation’s name] employs [more than ][insert number] staff and operates in [explain geographic reach]. Our Code of ethics explains the core standards and policies under which we operate. It describes how we should conduct ourselves in the workplace and marketplace and recognises our commitment to the environment and communities in which we operate. It also describes how each of us should handle various legal and ethical matters. [Our suppliers and contractors are also required to comply with key elements of the Code through our Supplier code of conduct.] Please take the time to read this Code, understand it and use it to guide you in your work. This will help us ensure all our actions are in the best interests of our organisation and our customers.
PRECEDENTS
Covering email Our Code of ethics sets out how we should conduct ourselves to maintain our integrity and reputation. Knowing and following our Code of ethics also helps us avoid violations of laws and regulations, keeping the company and employees out of trouble and protecting our reputation. Most employees comply with the Code and other company policies, but an organisation as large and diverse as ours will still have challenges with people bending or breaking the rules. The attached report sets out common breaches of the Code over the past year. We share this information to better equip you to identify and avoid situations that could lead to a breach and to help identify the types of conduct you should report if you learn about it. If you know or suspect anyone has violated the Code or otherwise acted unethically or illegally, it is important that you promptly report your concerns [set out how to report concerns, eg through your whistleblowing or suspicious activity reporting systems].[
PRECEDENTS
Date of report [insert date of report] Report prepared by [Insert name and role] 1 Introduction Our Code of ethics sets out how [insert organisation name] and its staff should conduct themselves to maintain our integrity and reputation. Knowing and following our Code of ethics also helps us avoid violations of laws and policies, keeping [insert organisation name] and individual employees out of trouble and protecting our reputation. Most employees comply with the Code and other company policies, but an organisation as [large and] diverse as ours will inevitably face challenges with individuals bending or breaking the rules. [Insert organisation name]’s [insert team or department, eg risk and compliance]