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(1)For the purposes of this Part, a bet is to be treated as being made by way of pool betting unless it is a bet at fixed odds.
(2)In particular, bets are to be treated as being made by way of pool betting wherever a number of persons make bets—
(a)on terms that the winnings of such of those persons as are winners are to be, or to be a share of, or to be determined by reference to, the stake money paid or agreed to be paid by those persons, whether the bets are made by means of a totalisator, or by filling up and returning coupons or other printed or written forms, or in any other way,
(b)on terms that the winnings of such of those persons as are winners are to be, or are to include, an amount (not determined by reference to the stake money paid or agreed to be paid by those persons) which is divisible in any proportions among such of those persons as are winners, or
(c)on the basis that the winners or their winnings are, to any extent, to be at the discretion of the promoter or some other person.
(3)Where there is or has been issued any advertisement or other publication calculated to encourage in persons making bets of any description with or through a bookmaker a belief that such bets are made on the basis mentioned in subsection (2)(c), then any bets of that description subsequently made with or through the bookmaker are to be treated for the purposes of this section as being made on that basis.
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