Article 20 Code of Conduct of the Articles of Association of the Institution of Agricultural Engineers states:

'Every member shall at all times so order his conduct as to uphold the dignity and reputation of the engineering profession. He shall at all times safeguard the public interest in matters of safety, health and otherwise. He shall at all times exercise his skill and judgement to the best of his ability and discharge his responsibility with integrity and due technical competence'

Article 21 Rules of Conduct states:

'The Council may from time to time promulgate Rules of Conduct which shall be in accordance with the Code set out in Article 20 and may require all members to conform to such rules. The Rules of Conduct may be amended, varied or rescinded as the Council may think fit provided that they shall not be inconsistent with the principles of the Code as prescribed in Article 20'

This document sets out the Rules of Conduct and the Disciplinary Procedure. Towards the end of the document, Guidance Notes expand on some of the rules. Throughout the document, the term Member is to be taken to include members of any grade as detailed in Article 9 of the Articles of Association, and words of the masculine gender are to be taken to include the feminine.

The Institution has decided to promulgate the following Rules of Conduct, and requires all members to comply with them.

The Rules of Conduct indicate the manner in which members are required to conduct themselves in various situations. They represent the minimum standard of conduct required of members. In all situations, including any not specifically covered by the rules, the underlying principle to be followed is that, in any conflict between a member's personal interest and the public interest, the public interest should take precedence. These rules should be complied with both in the letter and the spirit.

The engineering profession encompasses a broad range of individuals as members of the profession, many of whom are employed by general corporate bodies. The rules have, therefore, been split into three sections. Rules 1 to 12 are likely to be of relevance to all members whether they are working in employment or in private practice. Rules 13 to 22 are likely to be of particular relevance to members in private practice. Rules 23 and 24 contain a number of supplementary provisions including the Institution's power to waive the application of certain rules. Finally, Rules 25 to 28 deal with disciplinary procedures.

It is each member's duty to read and understand all the rules and at all times and in all respects to satisfy himself as to their applicability to his personal circumstances. In addition, members must remember that in any given circumstance, more than one rule may be applicable. Members should also note that the Institution may from time to time issue Codes of Professional Practice, laying down the principles which the Institution recommends be followed by members in particular aspects of engineering, for example in matters of public safety and the preservation of the environment.

In the event of a complaint being made to the Institution leading to the activation of the Institution's disciplinary procedure or in the event of the Institution itself instituting disciplinary proceedings, the disciplinary body will have regard to the provisions of these Rules and may have regard to the relevant Codes of Professional Practice in determining whether a member is guilty of misconduct. It should be noted, however, that failing to adhere to the provisions of the relevant Codes will not of itself automatically be taken to constitute misconduct although it may be taken as evidence that the member has failed to satisfy obligations owed under these Rules. A member knowingly breaching the Codes for good reasons should be prepared to offer a reasoned justification for this action. It should also be noted that compliance with the Rules and the Codes of Professional Practice could in some circumstances be quoted by a member as a defence in the event of disciplinary proceedings being brought against that member.

Any member who is in any doubt as to the interpretation of a Rule or its applicability to his personal circumstances, having read the Notes for Guidance as well as the Rules, should contact the Secretary of The Institution of Agricultural Engineers.

A member shall at all times and in all respects:-

(a) take all reasonable care to avoid creating any danger of death, injury or ill-health to any person or of damage to property by any act or omission whilst carrying out his work or as a result or consequence of his work, save to the extent that the creation of such danger is lawfully authorised;

(b) take all reasonable care to protect the working and living environments of himself and others and to ensure the efficient use of materials and resources;

(c) conduct himself so as to safeguard the public interest in matters of safety and health and in a manner consistent with the dignity and reputation of the engineering profession; and

(d) notwithstanding the provisions of any of the other Rules or Codes of Professional Practice, comply with all laws and regulations applicable to his professional work.

4.1 A member shall not disclose or authorise to be disclosed information acquired in the course of professional work for his employer or client or former employer or former client which is not already in the public domain (for the purposes of this Rule referred to as "confidential information"), except where:-

a) the prior written consent of the employer/client to the disclosure has been obtained; or

b) the member is compelled by law to make the disclosure; or

c) disclosure is in the public interest; or

d) disclosure is made to his professional advisers but only to the extent permitted by law.

4.2 A member shall not improperly use confidential information either for his own benefit or for the benefit of a third party.

A member shall not enter into any contract or arrangement of any nature whatsoever with any other person, the performance of which will or may involve a breach of these Rules.

6.1 A member shall, at all times, carry out work with diligence and promptness and shall exercise appropriate care and skill and have proper regard for the technical and professional standards expected of him as a member.

6.2 A member shall, at all times, recognise his professional responsibility to those who may be affected by his work.

6.3 A member shall, at all times, give advice that is objective, reliable and timely when discharging his professional duties.

6.4 Should his professional advice not be accepted, a member shall take all reasonable steps to ensure that the person who overrules or disregards such advice is made aware of the possible consequences of doing so.

6.5 A member shall not terminate a professional assignment prematurely or refuse to complete work he has agreed to undertake, except for good reason and upon reasonable notice.

A member who is also a member of another professional body or other organisation shall comply with all relevant rules of the Institution of Agricultural Engineers.

8.1 A member shall, at all times, take all reasonable steps both to maintain and to develop his professional competence and knowledge in relation to new developments, whether in science or engineering or otherwise, relevant to his field of professional activity and shall encourage persons working under his supervision to do so.

8.2 It is the duty of all members to take all reasonable steps to further the education and training of individuals under their supervision who are seeking eventual admission to full membership of the Institution.

 

A member shall endeavour to adhere to these Rules when practising outside the United Kingdom of Great Britain and Northern Ireland.

10.1 A member shall not unreasonably refuse, when requested by the Institution to do so, to serve as a member of any investigating or disciplinary body or appeals committee established by the Institution pursuant to its Articles of Association or any regulations made thereunder.

10.2 A member shall comply with any request he receives from the Institution or any member of any investigating or disciplinary body or appeals committee established by the Institution pursuant to its Articles of Association or any regulations made thereunder to provide information and/or documentation (which shall include, without prejudice to the generality of the foregoing, anything upon which evidence or information is recorded in a manner intelligible to the senses or capable of being made intelligible by the use of equipment) to such body or bodies save where such member is entitled to refuse to provide such information and/or documentation on grounds of (a) legal professional privilege or (b) that such information and/or documentation is held by the member under a duty of confidence (provided that the member has first taken all reasonable steps to secure the consent of the person or persons to whom the duty of confidence is owed) or (c) disclosure of such information/ documentation would otherwise be unlawful to such body or bodies.

10.3 A member shall honour the terms of any undertaking which he may have given to the Institution, whether pursuant to disciplinary proceedings or otherwise.

11.1 A member shall be responsible for:-

a) exercising proper supervision over any persons working under his authority or direction; and

b) subject to Rule 11.2 below, the acts or omissions (including, in particular, breach of any of the provisions of the Institution's Articles of Association or these Rules) of any persons working under his authority or direction.

11.2 If a member is able to show that, without default on his part, he was not aware, and there was no reason for him to be aware at the time, of any breach of the provisions of the Articles of Association or Rules of Conduct by any person referred to in Rule 11.1(b) above and that he had, prior to the breach, taken all reasonable steps to ensure that such a breach would not occur, then such member shall not be in breach of Rule 11.1(b).

 

A member shall not describe himself as holding a grade of membership in the Institution or registration with the Engineering Council to which he is not entitled.

 

13.1 A member shall not take advantage of any client or potential client whether because of such client's or potential client's age, inexperience, want of education, lack of business experience, ill-health or otherwise howsoever in obtaining and carrying out instructions. A member shall not induce a client to agree to pay sums of money which are not justified by reference to the work which the member has carried out or has been instructed to carry out.

13.2 A member shall not accept a professional assignment if he is aware or has reasonable cause to suspect that another member is acting for the client in respect of the same assignment, until either the first contract has been determined by the client, or the other member has consented to his acting.

 

A member shall not offer or give any fee, commission, discount or other inducement (financial or otherwise) to a third party in return for the introduction of clients or particular professional assignments unless, before entering into a legally binding agreement with that client, the member makes full disclosure to the relevant client of the nature or amount of such fee, commission, discount or inducement and the name of the person or persons to whom such fee, commission, discount or inducement was offered or given.

15.1 A member may publicise his services or permit another person to do so, but in doing so the member must have due regard to the standards set by the Advertising Standards Authority and any standards set by any other regulatory or governmental authority in relation to advertising and ensure that any publicity for which he is in any way responsible is neither inaccurate nor misleading.

15.2 In all advertising, publicity material or public statements for which a member is in any way responsible, he shall avoid all claims of superiority over, or critical comparisons with, the services provided by other engineers and shall avoid any direct comparison of fees and charges levied by other engineers.

15.3 A member may not refer to the name of a client in any advertising, publicity material or public statement unless the prior written consent of that client is first obtained.

15.4 Advertisements or other publicity material issued by a member or by a firm in which the member is or is held out to be a partner or a company through which the member practises or conducts his business may state (subject to compliance with any other relevant regulations or legal requirements) either expressly or impliedly that the member, firm or the company (as the case may be) offers expertise or specialist advice in relation to a particular field of engineering provided that this is the case and the member is able to justify the claim to the Institution should the Institution so require.

15.5 A member shall ensure that any references to fees or charges, or as to the method of calculating charges made in advertisements or publicity material for which the member is in any way responsible, are neither inaccurate nor misleading. In particular, where a fee or charge is quoted it must be accompanied by a clear description of the services that such fee or charge is intended to cover.

16.1 The rules governing the use of the Institution's titles apply to names appearing on site boards.

16.2 Members shall ensure that any site boards which he uses or authorises the use of, add to, rather than detract from, the dignity and reputation of the engineering profession.

16.3 A site board which in all other respects complies with the provisions of this Rule 16 which gives the name of:

(i) one or more individuals, all of whom are members; or

(ii) a partnership, all of the partners of which are members; or

(iii) a company, all of the shareholders or members and all of directors of which are members,

and does not include the name of any other person, partnership, company or other entity, may include in its design the logo of the Institution.

16.4 Where the inclusion of the logo of the Institution on a site board is permitted by virtue of Rule 16.3 above, a member shall ensure that the design and content of any site board which he uses or authorises the use of, makes it clear that the logo relates to the Institution and not to the individual member(s) or partnership or company named on the site board.

17.1 On or before accepting a professional assignment the member shall, if so requested, give his client a reasonable indication as to the likely cost of the work and to record any estimate given or fee agreed in writing and the precise range of services that such estimate or fee covers.

17.2 A member shall not supply an estimate or quotation of a fee for a professional assignment until he has received sufficient detail as to enable him to make a reasonable assessment of the nature and scope of the assignment and services and resources required.

17.3 In the event that the member and client are unable to agree the nature and scope of the assignment or the extent of the necessary work, the member shall consider the desirability of offering the client a short study or recommending to the client that an independent study be carried out to resolve the disagreement.

17.4 A member shall inform his client immediately if it appears that his estimate is likely to be or will be exceeded.

17.5 A member shall take care not to mislead a client as to the range of services that a quoted fee is intended to cover and the amount of future fees which may be involved.

18.1 A member shall take care when accepting a professional assignment and during the course of that assignment to avoid situations which may give rise to a conflict of interest between the member or the member's associates on the one hand and any of the member's or the member's associates' existing or prospective clients on the other.

18.2 A member shall take care when accepting a professional assignment and subsequently during the course of that assignment to avoid situations which may give rise to a conflict of interest between two or more of the member's or the member's associates' existing or prospective clients.

18.3 Should a member become aware of a conflict of interest or a situation which may give rise to a conflict of interest falling within Rules 18.1 and 18.2 the member shall make full and immediate disclosure of all the relevant facts, including the nature of the conflict or possible conflict, to the client(s). Where the disclosure is oral, the member shall ensure that the relevant client(s) receive written confirmation of the disclosure as soon as reasonably practicable.

18.4 In the case of a conflict of interest or a situation which may give rise to a conflict of interest falling within Rule 18.1, the member shall inform the relevant client(s) that he will be unable to act or continue to act unless the client(s) request him to do so after obtaining independent professional advice.

18.5 In the case of a conflict of interest or a situation which may give rise to a conflict of interest falling within Rule 18.2, the member shall inform the clients that they may, if they so wish, cease to continue to employ the member in relation to the relevant professional assignment.

18.6 For the purposes of this Rule 18:

"associate" shall mean any person in conjunction with whom the member conducts his business and, without prejudice to the generality of the foregoing, shall include a firm and any partner or person held out to be a partner in a firm in which the member is or is held out to be a partner, a company of which the member is a director or a material shareholder and any co-directors or other shareholders in the case of such a company.

A member shall be deemed to have an "interest" if any of those detailed in a) and b) below has an interest:

a) the spouse, child, step-child, near relative by blood, adoption or marriage, nominee or employee of:

i) the member, ii) any person who is, or is held out to be a partner in a firm which the member is, or is held out to be a partner, or

b) a body corporate or company of which the member is a director or a material shareholder or a nominee or employee of such body corporate/company.

19.1 A member shall keep in one or more bank accounts identified expressly as client accounts and separate from the member's own bank account or that of the firm in which he is, or is held out to be a partner or the company through which he practises or conducts business (as the case may be) any client's money received by but not beneficially owned by the member, the member's firm or company.

19.2 A member shall account at the appropriate time for all monies held, paid or received by or on behalf of any person (whether a client or not) entitled to such monies.

21.1 A member shall not conduct business as an engineer nor authorise a firm in which he is, or is held out to be, a partner or a company through which he practises or conducts business under any such name, style or title which adversely reflects upon the member's professional status as an engineer and the dignity and reputation of the engineering profession.

21.2 A member shall ensure that the name of his practice, or the name of the firm in which the member is, or is held out to be, a partner or a company through which the member practises or conducts business is not misleading or liable to cause confusion with the public.

21.3 A member shall ensure that his designatory title awarded by the Institution is used only in reference to the member and not to the organisation in which the member practises.

22.1 A member shall ensure that the work of his office or branch office or that of the firm in which such member is or is held out to be a partner or company through which he practises or conducts business insofar as the work relates to the provision of engineering services is under the supervision of an appropriately qualified person.

22.2 In addition to the member's responsibilities referred to in Rule 11, but subject to Rule 22.3 below, a member shall be prima facie responsible, as a matter of professional conduct, for the acts or omissions including, in particular, breach of any of the provisions of the Institution's Articles of Association or these Rules of:-

a) any firm in which the member is, or holds himself out to be, or allows himself to be held out as a partner, or any firm which the member allows to use his name and/or style and title or designatory letters in any of its advertisements, publicity material or notepaper; and

b) any company of which he is a director or any co-director of that company or any company which the member allows to use his name and/or style and title or designatory letters in any of its advertisements, publicity material or notepaper.

22.3 If a member is able to show that, without default on his part, he was not aware, and there was no reason for him to be aware at the time of any breach of the provisions of the Articles of Association or Rules of Conduct by any firm or company referred to in Rules 22.2(a) and (b) above and he had, prior to the breach, taken all reasonable steps to ensure that such a breach would not occur, then such member shall not be in breach of Rule 22.2.

 

SUPPLEMENTARY RULES

23. Waivers

23.1 The Institution shall have power to waive in writing, with immediate effect, any of these Rules in any particular case or cases whether in relation to the past, present or future application of the Rules and whether or not disciplinary proceedings against any member have begun, and, with immediate effect, to revoke in writing any such waiver.

23.2 Any waiver shall refer to the relevant Rule or Rules and shall state the purpose and extent of the waiver, any conditions subject to which it is granted and the duration thereof (assuming no prior revocation).