Our Code of Conduct
Effective Date: 1st April 2018
This Code of Conduct (“Code”) is constructed having regard for the principles contained in the Legal Services Act 2007 (“LSA”). The code takes effect now and is agreed to by the board.
This Code intends to expressly set out the Association principles which all associates must follow and is in addition to any other memberships and other body’s requirements.
In the event of any conflict with this Code of Conduct and that of other bodies who's associates are members of these codes will dominate all others unless the board deem otherwise.
As an associate of the “Timeshare Association”, you are under voluntary regulation and are authorised to publish that fact when a Certificate of Association has been delivered to you.
In the case of the provision of legal service the following activities are Reserved Activities and cannot be undertaken unless you are regulated.
Reserved Legal Activities:
The exercising of rights of audience (i.e. appearing as an advocate before a court);
The conduct of litigation (i.e. issuing proceedings before a court and commencing, prosecuting or defending those proceedings unless permission has been granted by the court);
Reserved instrument activities (i.e. dealing with the transfer of land or property under specific legal provisions);
Notarial activities (i.e. work governed by the Public Notaries Act 1801); and
The administration of oaths (i.e. taking oaths, swearing affidavits etc.).
As an Associate you must:
a. Act with integrity and professionalism.
b. Act in the best interests of your clients and doing so with care, skill and diligence.
c. Undertake the agreed work and/or services for each client with due skill, care and diligence.
d. Carry out all your duty to the court when involved in the administration of justice.
e. Deal co-operatively with everyone.
f. Ensure equality of opportunity exists in your mindset.
g. Maintain financial soundness.
h. Operate with adequate professional indemnity insurance.
ï. Deliver a service in accordance with fair practices.
j. Ensure you have regard for equal opportunity.
k. Operate in accordance with any and all statutory implied terms.
l. Consider the risk which your service might bring to your client.
m. Ensure that any adverse consequences are fully explained.
n. Deal with all authorities honestly, professionally and reasonably.
o. Not bring the association into disrepute.
You must comply with all the following rules. Should you not and breach the Association Code disciplinary proceedings may be brought against you:
RULE 1: Act with integrity and professionalism
1.a You must act honestly, professionally, with integrity and in all your dealings with timeshare consumers and others in your professional life and not allow you or your business to be compromised.
1.b You must not deliver false or misleading information to anyone with whom you have dealt with are or will deal with.
1.c You must not be misleading or inaccurate when advertising your services/business.
1.d You must not enter into any unlawful fee arrangements.
1.e You must not act in a way which promotes distrust from the general public.
RULE 2: Act in the best interests of the client
The complaints procedure is currently being reviewed by the Association and will be subject to agreement and in each case.
RULE 3: Maintain financial soundness
3.a You are required to run your business, and directors must carry out their role within that business, in accordance with sound financial principles.
3.b You are required to maintain arrangements and controls for monitoring the financial stability of your business and take steps to notify us should an issue be identified.
RULE 4: Provide a good quality of work and service to each client
4.a You must only undertake work for which you and your company can properly deliver.
4.b Work must be undertaken with proper skill, care and having regard for the standard expected of you. If you inadvertently conduct work without having the knowledge, skills or you must report it to us.
4.c You must ensure that you carry out your professional work in a timely manner.
4.d You must keep your professional knowledge up to date by undertaking relevant training in accordance with best practice.
4.e You must keep all clients regularly informed as to the progress of the work you undertake.
4.f You must ensure all clients are able to make informed decisions about the work being undertaken on their behalf and the cost of that work.
RULE 5: Your duty to the court in the administration of justice
5.a You must at all times act within the law.
5.b You must not knowingly or recklessly either mislead the court, authorities, members of the public or others.
5.c You must comply with any combatant court order and legal complacence which places an obligation on you.
RULE 6: Deal with the Timeshare Association in an open & co-operative way
6.a You must be open, honest and co-operate in your dealings with us by responding to any requests promptly and fully within 14 calendar days.
6.b You must immediately notify us of any breach of this Code by yourself or other associates.
6.c You must disclose any information about yourself which we reasonably expect to be notified of.
6.d You must not take any action to prevent anyone from reporting you to us.
RULE 7: Treat everyone with dignity and respect
7.a You must treat all clients and third parties with dignity and respect. You should encourage equality of opportunity and must not unlawfully discriminate against them, either directly or indirectly, victimise or harass anyone on the grounds of age, disability, race, ethnic or national origin, sex, gender reassignment, pregnancy and maternity, marital status (including civil partnerships), sexual orientation, religious beliefs.
7.b Article 10 of the European Convention on Human Rights provides the right to freedom of expression and information, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”. This right includes the freedom to hold opinions and to receive and impart information and ideas.
7.c The Timeshare Association may limit these rights in accordance with the law if it considers it necessary for the prevention of crime; for the protection of the reputation or rights of others; and for preventing the disclosure of information that has been received in confidence.