38. (1) Subject to subsection (2), the Agency, as soon as practicable after issuing a code of conduct, shall make the code available to the persons for whose guidance it issued.

(2) A code of conduct for the guidance of employees of a person engaged by the Agency as an adviser or consultant shall be issued by the Agency to the employer and shall be made available by the employer to those employees.

(3) In the absence of evidence to the contrary, a document purporting to be a code of conduct issued under this section—

(a) is that code of conduct, and

(b) is admissible in any proceedings before a court or other tribunal,

and any provision of the code of conduct that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by the court or tribunal in determining the question.