Order in Council of 13 May, 1901

The Order in Council of 13 May, 1901 was a piece of British legislation allowing the Board of Admiralty to forcibly retire officers for misconduct.

Order in Council

WHEREAS by an Order in Council of Her late Majesty bearing date the 3rd day of August 1897, we are empowered to place Officers Of Your Majesty's Navy who are in our opinion unfit for, or unworthy of, further employment, on the Retired or Pension List irrespective of age and service, and to grant to such Officers such rates of Retired Pay or Pension or such gratuity as we may think fit;

And whereas we are of opinion that it is desirable that the powers conferred upon us in regard to such Officers should be exerciseable by us whether such Officers have or have not been tried by Court Martial and that the Order in Council of Her late Majesty bearing date the 3rd day of August 1897, should be amended accordingly.

We humbly beg leave to submit that Your Majesty may be graciously pleased to repeal the Order in Council of Her late Majesty bearing date the 3rd day of August 1897, and to substitute therefor the provisions contained in the Schedule hereunder written.

SCHEDULE.

1. An Officer who, in the opinion of the Admiralty, by reason of an act or acts of misconduct, or through intemperate or irregular habits of life has become unfit for, or, in the opinion of the Admiralty, is for any reason unworthy of, further employment, may be placed on the Retired or Pension List irrespective of Age or Service, whether he has been tried by Court Martial or not.

2. An Officer placed on the Retired List under Clause I. may be granted such rate of Retired Pay, or such Gratuity, as the Admiralty may think fit, provided that the amount of Retired Pay shall in no case exceed the half-pay to which such Officer was entitled previous to retirement, and that the amount of the gratuity awarded shall not exceed the commutation value (as assessed by the Pensions Commutation Board) of such half-pay ; and shall be less than the amount of gratuity to which he would have been entitled under ordinary circumstances.

No Officer may, however, be granted retired pay in excess of the amount to which he would have been entitled under ordinary circumstances.

3. An Officer who has had long and good service, but who is not entitled under Ordinary Regulations to Retired Pay or Gratuity, in consequence of forfeiture of service by sentence of Court Martial, may be awarded such Gratuity, not exceeding five hundred pounds (£500) as the Admiralty may think fit.

4. An Officer dismissed the Service by sentence of Court Martial may be awarded a Compassionate Allowance not exceeding the lowest rate of half-pay of his rank; but the granting of such Compassionate Allowance shall be entirely at the discretion of the Admiralty.

No Officer may, however, be awarded a Compassionate Allowance in excess of the retired pay to which he would have been entitled, under ordinary circumstances, on retirement.

5. Sub-Lieutenants and Assistant Paymasters, whether dismissed the Service by Court Martial, or placed on the Retired List under Clause I. may be awarded Gratuities not exceeding £25 for each year's service in these ranks, nor £250 in all.

6. Chief Gunners, Chief Boatswains, Chief Carpenters, Warrant Officers, and Officers of Coast Guard other than Commissioned Officers, placed on the Pension List under Clause I. may be awarded such reduced rates of Pension as the Admiralty may in each case determine.

7. Nothing in this Schedule shall prejudice or affect the power of the Admiralty to discharge or dismiss Officers or shall confer on any person who has been removed from His Majesty's Service any right to half-pay, retired pay or pension, compassionate allowance, or gratuity.

8. The expression "an Officer" in this Schedule shall, unless the context otherwise requires, include Commissioned Officers, Warrant Officers, and Subordinate Officers of all ranks.

Bibliography

• The Orders in Council for the Regulation of the Naval Service. Vol. VIII. London: For His Majesty's Stationery Office. 1903.