Order in Council of 22 February, 1870

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The Order in Council of 22 February, 1870, was a piece of British legislation which introduced a comprehensive system of retirement in the officer ranks of the Royal Navy.

Order in Council

WHEREAS we have had under our consideration the present state of the Active Lists of Flag Officers, Captains, Commanders, and Lieutenants, and the Regulations, now in force governing the retirement of these Officers as sanctioned by Your Majesty's several Orders in Council of 1st August, 1860, 9th July, 1864, and 24th March, 1866; and whereas We are of opinion that, notwithstanding the reductions effected by these successive schemes of retirement, the Lists still exceed in number the requirements of Your Majesty's Service, and that, with the view of increasing the efficiency of Officers by securing to them more frequent employment, an extended and more comprehensive scheme of compulsory and voluntary retirement should be made, applicable to all ranks in these portions of the Executive Branch of the Naval Service.

We would propose to Your Majesty, in order to effect the changes which appear to Us so manifestly imperative:—

a reduction in the number of Flag Officers on the Active List and of the above-named Officers of the military ranks of Your Majesty's Navy generally;
an improved scale of retired pay as a just and honourable reward for past and meritorious service;
a more equal and rapid promotion to the higher grades of the Service, and due encouragement to Officers to serve whilst in health and vigour.

We further most humbly submit certain alterations in the definition of Sea Service and Harbour Service; in the length of Sea Service hitherto required to qualify Officers for promotion, which in some cases We have not deemed sufficient; and in the amount and distribution of Good Service and Greenwich Hospital Pensions; all of which we are convinced will greatly conduce to the advantage of Your Majesty's Naval Service.

We would further submit to Your Majesty some temporary provisions which we are humbly of opinion will fully compensate Officers whose future prospects are affected, and allay any possible feelings of regret at being compulsorily retired from the Active List of Your Majesty's Navy.

In order to accomplish the important objects which We have in view, we humbly submit that Your Majesty will be graciously pleased to sanction the following propositions, and authorise Us to carry the several arrangements herein contemplated into operation from the 1st April, 1870.

I. As Relates to Flag Officers.
1. Admirals of the Fleet To be retired at the age of 70. To be retired, irrespective of age, at Our discretion, if found physically unfit to serve.
Admirals and Vice-Admirals To be retired at the age of 65; or at any age so soon as 10 years have elapsed since their flag was hauled down, or (if they have not hoisted their flag) since their service as Captain ceased.
Rear-Admirals To be retired at the age of 60, or at any age so soon as 10 years have elapsed since their flag was hauled down, or (if they have not hoisted their flag) since their service as Captain ceased.

2. Admirals and Vice-Admirals to have the option of retiring at the age of 60, and Rear-Admirals at the age of 55.

3. The Active Flag List to be reduced to 50:—

Admirals of the Fleet 3
Admirals 7
Vice-Admirals 15
Rear-Admirals 25

4. Admirals of the Fleet to receive on retirement the Halfpay of their rank, and to be styled Retired Admirals of the Fleet.

5. Admirals, Vice-Admirals, and Rear-Admirals to be allowed on retirement to receive, at their option, either the Halfpay of the rank from which they retire, or the Retired Pay provided by these Regulations.

6. Admirals of the Fleet to be selected by Your Majesty from the Admirals on the Active List who have served as Commander-in-chief, or who have commanded at sea, as Flag Officer for 2 years.

7. Vice-Admirals to rise to the rank and title of Admiral on the Active List according to seniority.

8. Rear-Admirals not to be eligible for promotion to the rank of Vice-Admiral on the Active List until they have completed one year's Sea Service, or its equivalent in Harbour Service as Flag Officer; but such Officers as arrive at their turn for promotion, without having completed the qualifying service and not having attained the age for retirement, to remain on the Active List until qualified for promotion, or until retired; if promoted, to take rank according to former seniority.

9. Vice-Admirals retired from that rank to be entitled to rise by seniority to the rank of Retired Admiral.

10. Rear-Admirals retired from that rank to be entitled to rise by seniority to the rank of Retired Vice-Admiral, if, before retirement, they had served the time to qualify them for promotion.

II. As relates to Captains.

1. To be retired at the age of 55, or at any age if 7 years have elapsed since they last served.

2. To have the option of retiring at the age of 50; and to be retired, irrespective of age, at Our discretion, if found physically unfit to serve.

3. The Active List of Captains to be reduced to 150:—

First Class 50
Second Class 50
Third Class 50

4. Captains to be allowed, on retirement, to receive at their option either the active Half-pay of that rank, or the Retired Pay provided by these Regulations. The Retired Pay for Captains, provided by Your Majesty's Order in Council of 1st August, 1860, 9th July, 1864, and 24th March, 1866, is hereby abolished, subject to the temporary provisions hereinafter set forth.

5. To qualify a Captain whoso seniority brings him in turn, for advancement to the Active List of Flag Officers, he must have completed 6 years' Sea Service as Captain, or its equivalent in Harbour Service, but the first 3 years of such period must be Sea Service in command of a ship of war at sea; such Officers as arrive at their turn for promotion without having completed the qualifying Service to be retired.

6. Captains retired from that rank to be entitled to rise by seniority to the rank of Retired Rear Admiral, if before retirement they had served the time to qualify them lor promotion.

III. As relates to Commanders.

1. To be retired at the age of 50, or at any age if 5 years have elapsed since they last served.

2. To have the option of retiring at the age of 45, and to be retired, irrespective of age, at Our discretion, if found physically unfit to serve.

3. The Active List of Commanders to be reduced to 200.

4. Commanders to be allowed on retirement to receive at their option, either the active Half-pay of that rank, or the Retired Pay provided by these Regulations. The Retired Pay for Commanders, provided by Your Majesty's Order in Council of 1st August, 1860, 9th July, 1864, and 24th March, 1866, is hereby abolished, subject to the temporary provisions hereinafter set forth. .

5. To qualify a Commander for promotion to the rank of Captain on the Active List, he must have completed 2 years' Sea Service as Commander, or its equivalent in Harbour Service, but one year of such period must be Sea Service in a ship of war at sea.

6. A Commander may be promoted to the rank of Captain for gallantry in action, provided he has completed one year's Sea Service or its equivalent in the rank of Commander.

7. Commanders retired from that Rank may, by Our permission (obtained at the time of their retirement, but not subsequently), rise one step in Rank, if, before retirement, they had served the time to qualify them for promotion.