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.

IV. As relates to Lieutenants.

1. To be retired at the age of 45, or at any age if 5 years have elapsed since they last served.

2. To have the option of retiring at the age of 40; and to be retired, irrespective of age, at Our discretion, if found physically unfit to serve.

3. The Active List of Lieutenants to be reduced to 600.

4. Lieutenants to be allowed on retirement to receive, at their option, either the Active Half-pay they may have earned by Service, or the Retired Pay provided by these Regulations.

5. A number of Lieutenants, not exceeding 10 annually, being under 40 years of age, may with Our consent, and under such Regulations as We may think fit to make, retire upon the Active Half-pay they have earned by Service. 6. The Retired Pay for Lieutenants, provided by Your Majesty's Orders in Council of 1st August, 1860, 9th July, 1864, and 24th March, 1865, is hereby abolished, subject to the temporary provisions hereinafter set forth.

7. To qualify a Lieutenant for promotion to the rank of Commander on the Active List, he must have completed 4 years' Sea Service as Lieutenant, or its equivalent in Harbour Service, but 3 years of such period must be Sea Service in a ship of war at sea; this rule also to apply to promotions granted to Flag Officers on striking their flags.

8. A Lieutenant may be promoted to the rank of Commander for gallantry in action, provided he has completed 2 years' Sea Service or its equivalent in the rank of Lieutenant.

9. Lieutenants shall reckon service in the rank of SubLieutenant and Acting Sub-Lieutenant towards increase of Half-pay, in the following proportions:—

Under 3 years' service as Lieutenant 1 year of service Sub-Lieutenant and Acting Sub-Lieutenant.
Under 6 years' ditto 2 ditto.
Above 6 years' ditto All service as Sub-Lieutenant and Acting Sub-Lieutenant.

10. Lieutenants 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.

V. Definition of Service for the above Ranks.

1. Service to mean service on Full Pay.

Service to be divided into "Sea Service " and "Harbour Service."

2. Harbour Service to be:—

(a.) Service in Harbour Ships or their Tenders (with the exception of the Harbour Ships and Tenders at Ascension, Port Royal, Hong Kong, and Rio Janeiro, and at such other Foreign Ports as We may determine), and service in First Reserve (Coast Guard) Ships, after the first three years of such service; such first three years to reckon as Sea Service;
(b.) Time in hospital when sent from any of the above ships, after the completion of 3 years' service as above;
(c.) Service as Superintendents of dockyards;
(d.) Service when borne additional on the books of Harbour Ships, either for ships about to be Commissioned or for service on shore;
(e.) Time when sick in hospitals beyond six weeks, in the case of an Officer whose service would otherwise be Sea Service;
(f.) Service as Transport Officer on shore;
(g.) Service in the Coast Guard on shore;

3. All other Full Pay Service to count as Sea Service.

4. Sea Service to count as full service for all purposes of pay, half-pay, promotion, and retirement; subject to any express qualification made by these Regulations.

5. Harbour Service to count as full service for full pay and half-pay; as two-thirds of full service for retirement; and as half full service for promotion.

6. Provided always, that no service, however long, shall count for promotion, unless the Officer shall have served in a ship of war at sea the minimum period of Sea Service required by these Regulations for promotion.

7. "A ship of war at sea" to mean a ship, all service in which counts as Sea Service.

8. Time on half-pay not to count for increase of full pay or half-pay, nor for promotion, but to count as one-third of full service for retirement.

9. Provided always that Civil Employment at or under the Admiralty, or service under any other Department which may be declared by Us, with the consent of the Lords of Your Majesty's Treasury, to be for this purpose Naval Service, if it does not count for or towards Civil Superannuation, and service as Naval Attache, shall count as full service for pay, half-pay, and retirement; but it shall not be deemed to be service for any other purpose.

VI. Full Pay and Allowances.

1. The Full Pay of Officers to continue as heretofore, with the following exceptions:—

£ s. d.
Captains The first 50 to be allowed Full Pay of 1 13 0 a-day
The next 50 1 7 6
The remainder 1 2 6
When any of the first 50 Captains are in command of the "Britannia," Reserve Ships, or the Royal Yacht, including Pay and Command Money 2 5 0
Naval Cadets To be allowed Full Pay of 0 1 0

2. The Table Money of 4l. 10s. a-day allowed to Commanders-in-Chief on Foreign Stations to be extended to the Commander-in-Chief at Portsmouth.

3. Scale of Command Money to Captains, in addition to pay, excepting Captains paid at special rates:—

In sea-going rated ships and frigates, and such ships as the Admiralty may declare at the time of their being launched to be of the first class for this purpose 18s. Provided that a separate table is kept.
In sea-going ships other than the above. 10s. 6d.
In Harbour Ships, being rated ships or frigates or such ships as the Admiralty may have declared to be of the first class for this purpose 12s.
In Harbour Ships, other than the above 7s.
Captains of Ships not keeping a separate table, and Captains borne for Full Pay and employed on Special Service, but not in command of Ships, to receive the pay of their class, and an allowance of 5s. a-day.
HALF-PAY.
VII. Half-Pay to be allowed to the undermentioned Officers, according to the following Scale:—
£. s. d.
Admiral of the Fleet 3 7 0
Admiral 2 2 0
Vice-Admiral 1 12 6
Rear-Admiral 1 5 0
Captain To each of the first 50 in Seniority, provided they have served 2 years in command of a ship of war at sea 0 14 6
To each of the next 50 do. do. 0 12 6
To the remainder and those who have not served at sea as above 0 10 6
Commander To each of the first 100 in Seniority, if they have served one year on full pay as a Commander 0 10 0
To the remainder and those who have not served as above 0 8 6
Lieutenant Under 3* years' service 0 4 0
Under 6 years' service 0 5 0
Under 9 years' service 0 6 0
Under 12 years' service 0 7 0
Above 12 years' service 0 8 6