s 3
(1) For the purposes of this Act, any bet shall be deemed to be made by way of pool betting unless it is a bet at fixed odds, and, in particular, bets shall be held to be 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 shall be, or be a share of, or 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 otherwise howsoever ; or (b) on terms that the winnings of such of those persons as are winners shall be, or shall 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 shall, to any extent, be at the discretion of the promoter or some other person. (2) A bet is a bet at fixed odds within the meaning of this section only if each of the persons making it knows or can know, at the time he makes it, the amount he will win, except in so far as that amount is to depend on the result of the event or events betted on, or on any such event taking place or producing a result, or on the numbers taking part in any such event, or on the starting prices or totalisator odds for any such event, or on there being totalisator odds on any such event, or on the time when his bet is received by any person with or through whom it is made. In this subsection the expression “ starting prices ” in relation to any event means the odds ruling at the scene of the event immediately before the start, and the expression “ totalisator odds ”— (a) in relation to a recognised horse race means the odds paid on bets on that race made by way of sponsored pool betting ; (b) in relation to any other event means the odds paid on bets made by means of a totalisator at the scene of the event. (3) A bet made with or through a person carrying on a business of receiving or negotiating bets, being a bet made in the course of that business, shall be deemed not to be a bet at fixed odds within the meaning of this section if the winnings of the person by whom it is so made consist or may consist in whole or in part of something other than money. (4) Subject to subsection (6) of this section, where payments are made for the chance of winning any money or money’s worth on terms under which the payors have a power of selection which may (directly or indirectly) determine the winner, then, for the purposes of this Act, those payments shall be treated as bets notwithstanding that the power is not exercised. (5) Where a person carries on a business of receiving or negotiating bets and there is or has been issued in connection with that business any advertisement or other publication calculated to encourage in persons making bets of any description with or through him a belief that the bets are made on the basis mentioned in subsection (1) (c) of this section, then any bets of that description subsequently made with or through him in the course of that business shall be deemed for the purposes of this Act to be made on that basis. (6) In this Act the expression “ bet” does not include the taking of a ticket or chance— (a) in any lottery which is declared by section 43, 44 or 46 of the Betting, Gaming and Lotteries Act 1963 not to be unlawful ; or (b) in any lottery to which section 45 of that Act applies and in the case of which all the conditions specified in subsection (3) (5), (c) and (g) of that section are observed ; and does not include any bet or stake at any gaming conducted in such circumstances that no offence under Part II of that Act is committed.