Secretary of State for Trade v. Charles Hector Booth (The Biche) - Q.B.D. (Div.Ct.) (Kerr L.J. & Webster J.) - 14 October 1983

Sailing vessel used for excursions - Whether required to have certificate of survey

The respondent (Mr. Booth) was the owner of a gaff-rigged yawl 69 feet long and 22 feet in beam. In recent years he had made his vessel available for various maritime activities including excursions. On two occasions in July 1982 a party of young people, together with adult supervisors, boarded the vessel for an excursion. It was their intention to take part in sailing the vessel, which could not have operated under sail without their participation. The respondent had been charged wtih proceeding to sea on a voyage or excursion on a vessel carrying more than 12 passengers without there being in force a certificate of survey in respect of the vessel as required by Part III of the Merchant Shipping Act 1894. Section 271 of the Merchant Shipping Act 1894 as amended by section 17 of the Merchant Shipping Act 1964 and Schedule 6 of the Merchant Shipping Act 1979 provides: