In a case bought by the EA the High Court determined that a static caravan, on floats, in a marina is not a boat (vessel) and does not come under any legislation applicable to houseboats.
An interesting 24 page record of the Court decisions.
Introduction
1. In this appeal we must consider whether each of two “houseboats”, both moored in the
Hartford Marina on the River Great Ouse in Huntingdon, was properly found by the
Crown Court not to a be “vessel” within the definition provided by article 2 of the
Environment Agency (Inland Waterways) Order 2010 (“the Inland Waterways Order”).
2. The appeal before us is an appeal by way of case stated under section 28 of the Senior
Courts Act 1981. The appellant is the Environment Agency, the respondents Christopher
Gibbs and Glen Parker. Mr Gibbs and Mr Parker each owns and occupies one of the two
“houseboats”. The decision under challenge was made on 10 April 2015 by Mr Recorder
Fields and two lay justices sitting in the Crown Court at Peterborough. The Crown Court
allowed Mr Gibbs’ and Mr Parker’s appeals against their convictions by the magistrates
of offences of keeping an unregistered vessel on a waterway, contrary to articles 4(1) and
18(1)(a) of the Inland Waterways Order.
The issue in the appeal
3. The basis of the Crown Court’s decision was that neither “houseboat” was a “vessel” for
the purpose of the Inland Waterways Order. In paragraph 19 of the case stated “[the]
question for the opinion of the High Court is whether the Crown Court was right to
conclude on [the facts stated] that the structures in question were not vessels for the
purposes of the [Inland Waterways Order]”.
4. The Environment Agency contends that the structures were “vessels” within the statutory
definition. It emphasizes the object of the Inland Waterways Order, as a legislative
instrument, to regulate certain activities on certain waterways, and the deliberately broad,
though not exhaustive, definition of a “vessel” in article 2. It urges us to accept that, in
the particular factual context with which we are concerned, a “houseboat” is manifestly a
“vessel” within that definition, and thus properly the subject of regulation in the public
interest.