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DPB - eligibility [good reputation and character]

Good reputation and character - In the last ten years, has the firm or any principal of the firm been:

  • Refused/restricted from carrying on any trade, business or profession for which a specific licence, registration or other authority is required?
  • Refused entry to any professional body or trade association, or decided not to continue with an application?
  • Reprimanded, warned about conduct, disciplined or publicly criticised by any professional or regulatory body?

For example, in the last ten years has any principal of the firm attended an RICS Professional Conduct Panel.

  • Made the subject of a court order at the instigation of any professional or regulatory body?
  • Investigated on allegations of misconduct or malpractice in connection with its professional or business activities which resulted in a formal complaint being proved but no disciplinary order being made?
  • Convicted of, or been the subject of, charges pending in relation to any criminal offence?

By way of an example, have there been any offences under the Property Misdescriptions Act 1991. Have there been any convictions or are there any charges pending by Trading Standards?

Road traffic offences that do not lead to a disqualification or prison sentence need not be mentioned. Please refer to Bye-Law 5(2)(4).
Section 4(2) of the Rehabilitation of Offenders Act 1974 leads to an entitlement to disregard convictions which have become spent under the Act.

This entitlement applies to our scheme.

  • Disqualified by the court, at any time, from being a director of a company under the Company Directors' Disqualification Act 1986, or given an undertaking not to do so?

The 1986 Act means that courts can impose orders disqualifying company directors. Further legislation enables disqualification undertakings to be given by director. These undertakings have the same effect as disqualification orders but do not need the court to be involved.

Next page: DPB - rules