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49.—(1) It shall not be lawful for—
(a)the occupier of any licensed track or any servant or agent of his, or
(b)any person having under a lease, agreement or licence granted by the occupier any interest in or right over or in respect of any part of the track,
to engage either directly or indirectly, and either on his own behalf or on behalf of another, in bookmaking carried on, on that track.
(2) If paragraph (1) is contravened, the occupier of the licensed track and the person by whom the contravention was committed shall be guilty of an offence.
(3) In any proceedings for an offence by reason of a contravention of paragraph (1) it shall be a defence for the occupier of the licensed track to prove that the contravention took place without his consent or connivance and that he exercised due diligence to prevent it.
[F1(4) Paragraph (1) shall only apply in relation to bookmaking in connection with races run on that track.]