Order in Council of 22 February, 1870

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 whose 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 Attaché, 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

• Lieutenants may be allowed 5s a-day, Half-pay, if through illness contracted through in the service they shall have been unable to serve 3 years as above.

Lieutenants with less than 3 years' service in the rank of Lieutenant, will be allowed to reckon 1 year's service as Sub-Lieutenant and Acting Sub-Lieutenant.

Lieutenants with less than 6 years' service in the rank of Lieutenant, will be allowed to reckon 2 years' service as Sub-Lieutenant and Acting Sub-Lieutenant.

Lieutenants with above 6 years' service in the rank of Lieutenant, will be allowed to reckon all service as Sub-Lieutenant and Acting Sub-Lieutenant.

VIII. Retired Pay.

1. The Scale of Retired Pay, according to age and service, to be as follows, for Flag Officers, Captains, Commanders, and Lieutenant. An addition to be made, as specified, for each full year of additional Sea Service or its equivalent, but the same not to exceed five years; and a deduction to be made for each full year wanting to complete the periods specified, but the same not to exceed ten years:—

Age.	Retired Pay.	Sea-Service, or its equivalent in Harbour Service, or in Half-pay time.	Addition or Deduction.
	£	Years.	£
Admirals	850	30	20
Vice-Admirals	725	29	15
Rear-Admiral	600	27	10
Captains, Commanders, and Lieutenants.
At 60	600	27	10
59	585	26	10
58	570	26	10
57	555	25	10
56	540	25	10
55	525	24	10
54	510	24	10
53	495	23	10
52	480	23	10
51	465	22	10
50	450	22	10
49	425	21	10
48	400	21	10
47	375	20	10
46	350	20	10
45	325	19	10
44	300	19	10
43	275	18	10
42	250	18	10
41	225	17	10
40	200	17	10

2. No Retired Flag Officer to be allowed to receive in respect of Retired Pay and Good Service Pension an amount exceeding the Half-pay of an Admiral of the Fleet.

3. A Captain retired from that rank to receive in Retired Pay, together with Good Service Pension, a sum not exceeding 600l.; but should the two together exceed that amount, he will be retired on 600l. a-year, relinquishing his Good Service Pension.

4. The Pay of Commanders and Lieutenants, retired from those ranks, not to exceed 400l. and 300l. a-year respectively.

5. After retirement, no increase of pay to be allowed to any Officer. The only addition possible will be in the form of pension.

6. No Officer to rise more than one step in rank at or after retirement.

7. All service as Sub-Lieutenant and Acting Sub-Lieutenant to reckon for increase of retired pay.

8. Power to bo reserved to Us to suspend at any time, and with respect to any rank, the provisions of the Order under which an Officer may at his option retire, at an age less than that fixed for compulsory retirement in each rank.

9. The power vested in Us to grant lower rates of half-pay in cases of misconduct, to be extended to retired pay.

10. Retirement from the Active List not to disqualify any Officer for employment at or under the Admiralty.

11. Officers to be allowed, at their own request, and with Our consent, to compound thei r retired pay under the Rules laid down bv Your Majesty's Treasury for administering Act 32 and and 33 Vict., cap. 32.

IX. Pensions.

1. No Officer to be allowed to hold two pensions at the same time, unless one of such pensions be a pension conferred for wounds received in the Service.

2. No Naval Aide-de-Camp, deriving emolument from his office, to be allowed to hold any pension, unless it shall be a pension conferred for wounds received in the Service.

3. Good Service Pensions to be awarded for good and meritorious service at sea, preference being given, in cases of special gallantry, to Officers who have commanded a ship in action against the enemy. Ten pensions of 300l. a-year each to be given to Flag Officers of all ranks on the Active List; the intention being that two may be held by Vice-Admirals and two by RearAdmirals qualified for promotion. Twenty-five pensions of 150l. a-year each to be given to Captains.

4. All Officers in receipt of these pensions to be allowed to retain them after being retired.

5. In consideration of the increase in the number of Good Service Pensions, the salaries attached to the offices of Vice-Admiral and Rear-Admiral of the United Kingdom will cease after the next vacancies.

6. Should any Officer holding a Good Service Pension be in receipt of or be appointed to full pay or civil salary, or become entitled to a Civil Pension, exceeding the value of his Good Service Pension, the latter pension to be suspended so long as he receives such pay, or salary, or Civil Pension; and the vacancy thus occasioned may be filled up.

7. When such employment shall have ceased, the Officer will resume a Good Service Pension although the list be full; in such case the next vacancy will not be filled up.

8. A Captain not to be allowed to retain his Good Service Pension when promoted on the Active List; a Flag Officer to give up his Good Service Pension if he shall become Governor of Greenwich Hospital or Naval Aide-dc-Camp to Your Majesty.

9. No Admiral of the Fleet to be allowed to hold a pension unless conferred for Avounds received in the Service.

10. Greenwich Hospital Pensions for Flag Officers to be awarded to old, infirm, wounded, or disabled Officers on the Retired List, of long service, but not to be conferred as a qualification for retirement.

11. No Officer, except Flag Officers, in receipt of a Naval or Greenwich Hospital Pension, to be allowed to retain it after being promoted.

12. No Pension, except a Pension for Wounds, can be compounded.

X. Temporary Provisions.

The following provisions to apply to Flag Officers, Captains, Commanders, and Lieutenants now holding those ranks on the Active List.

1. All Officers to whom, in the following clauses, an option is given, must signify to Us, in writing, within such time as may be prescribed, in what manner they elect to exercise such option. In the event of their failing so to intimate their wishes, it will be deemed that they have elected the new Regulations laid down in this scheme.

2. The new scales of full pay and allowances to apply to all Officers, unless they request, in writing, within such time as may be prescribed, to be paid according to those now in force, in which case they will continue to receive the old rates of pay and allowances during all their future service.

3. Officers to whom option is given as to half-pay, promotion, and retirement, and who elect to be dealt with under the old Regulations, will retain their present rights, except so far as they are expressly limited by these Temporary Provisions; but, in that case, it must be clearly understood that they will have none of the advantages of the new Regulations.

4. Officers to whom the above option is given and who elect to be dealt with under the new Regulations, will receive half-pay, and will be promoted and retired in accordance with them, but will retain no rights abolished by them, except so far as is expressly laid down in these Temporary Provisions.

5. Officers retired may, at their own request, and after obtaining in each case Our consent, commute their half or retired pay, under the Rules laid down by the Lords Commissioners of Your Majesty's Treasury for administering Act 32 and 33 Vict., cap. 32.

6. Admirals of the Fleet, and Admirals who commanded a ship as Captain or Commander prior to the termination of the War in 1815, to be allowed to remain on the Active List; such Admirals to be eligible for promotion to the rank of Admiral of the Fleet.

7. All other Flag Officers now on the Active List to have the option of being promoted and retired, either under the new Regulations, or under the terms of the Order in Council of March 24, 1866, but with the following modifications in the latter case:—

(a) To be retired at 70, if an Admiral of the Fleet or Admiral; at 68, if a Vice-Admiral; at 65, if a Rear-Admiral; whether or not they have hoisted their flag or have been employed at the Admiralty; provided also, that Officers promoted to Active Flag rank, subsequently to 24th March, 1866, will be subject to the new scale of age for retirement when promoted to the rank of Vice-Admiral.

(b) To be retired as 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.

(c) When so retired, the names of those who have hoisted their flags, or have been employed at the Admiralty, will, if they should desire it, be retained on the Active List according to seniority, until such time as they would have been compulsorily retired under the Order in Council of 24th March, 1866; but they will not be entitled to rise above the rank of Admiral or Retired Admiral. Their names to be supplementary to the established numbers of the List, and to be printed in italics; and when ultimately removed from the List by death or otherwise, the vacancies so caused not to be filled up.

(d) Flag Officers so retired to retain their Good Service Pensions.

(e) It shall be lawful for Your Majesty, in cases of distinguished service, to confer the rank of Retired Admiral of the Fleet on any present Flag Officer retired under the above conditions, provided he shall be qualified for that rank by seniority, and according to these Regulations; provided that there shall not be already three retired Admirals of the Fleet.

8. Flag Officers now on the Active List who elect to be retired under the new Regulations, to be promoted according to seniority to the rank of Admiral on the retired list, but without increase of retired pay.

9. The new requirement of service for promotion to the active rank of Vice-Admiral not to be enforced with regard to Rear Admirals now on the Active List.

10. Rear-Admirals now on the Active List, who elect or are allowed to be retired at once under the new Regulations, to be entitled to 675l. instead of 600l. a-year, as retired pay, subject to the deduction specified in the scale, but without the addition allowed for extra service.

11. Until the Active List of Admirals shall have been reduced to seven, only one in every two vacancies caused by retirement, or promotions consequent thereon, to be filled up.

12. Until the Active Lists of Vice-Admirals and Rear-Admirals shall have been reduced to 15 and 25 respectively, only one in every three vacancies caused by retirement, or promotions consequent thereon, to be filled up.

13. All vacancies caused by death to be filled up as they occur.

14. The Officers now holding the appointments of Vice-Admiral and Rear-Admiral of the United Kingdom, and First and Principal Naval Aide-de-Camp to Your Majesty, if retired as Admirals under the new Regulations, to receive an addition to their Retired Pay, not greater than the salary of their office; but the whole amount not to exceed the Half-pay of an Admiral of the Fleet.

15. The new requirements of service for promotion to the rank of Rear-Admiral not to be enforced with regard to Captains now on the Active List, who are at present qualified by service for promotion under the old Regulations.

16. All Captains now on the Active List, of more than eight years' standing, to be allowed the option of accepting, as to promotion and retirement, either the new Regulations, or those of Your Majesty's Order in Council of 24th March, 1866, but with the following modifications in the latter case:—

(a) Not to be allowed to remain on the Active List of Captains after the age of 60, or after seven years have elapsed since their service as Captain ceased;

(b) When promoted to the Active Flag List to be subject to the new Regulations in all respects, except that they will only be entitled, on retirement, to half-pay, according to the terms of the Order in Council of 24th March, 1866.

17. All Captains now on the Active List, of less than eight years' standing, to be allowed the same option, except that they will in no case be allowed to remain on the Active List after the age of 55.

18. Until the Active Lists of Captains, Commanders and Lieutenants, shall have been reduced to 150, 200, and 600 respectively, only one in every four vacancies caused by retirement, and promotions consequent thereon, to be filled up. Vacancies caused by death to be filled up as they occur.

19. No further additions to be made to the List of Reserved Flag Officers.

20. The new requirements of service for promotion not to be enforced with regard to Commanders and Lieutenants now on the Active List, who are at the present time qualified by service for promotion under the old Regulations.

21. Such Commanders and Lieutenants now on the Active List, as are not at the present time qualified by service for promotion, will be promoted under the new Regulations.

22. All Commanders and Lieutenants now on the Active List, who may be retired under the provisions of this scheme, to be allowed the option of retiring on the terms of the new Regulations, or on the retired scale provided by Your Majesty's Orders in Council of 1st August, 1860; 9th July, 1864; and 24th March, 1866. In. either case, however, they will be retired at the respective ages of 50 and 45, or when they have not served for five years, but they will retain their present privilege as to rising in rank.

23. The advantages conferred by the Order in Council of 26th June, 1867, on some of the Reserved Captains (F, G List) to be extended to all such Captains; these Officers to be placed, according to seniority, as vacancies occur, on the Retired List, under Orders in Council of 24th April, 1847, 25th June, 1851, and 26th June, 1867, and to rise to Flag Rank according to their seniority as Captain.

24. Until the present Active Lists shall have been reduced to the proposed numbers, any Officers may, with their consent, and at Our discretion, be retired: if above 40 years of age, on the terms of the new Regulations, if under 40 years of age, on the active half-pay of their rank.

All present Rules and Regulations, except in so far as they are expressly altered or limited by these General or Temporary Provisions, shall be deemed to remain in force.

In conclusion, We beg leave to represent to Your Majesty that, although by the great advantages conferred on Naval Officers by the scheme herein proposed, a considerable expense will for the present be incurred, the final result will be not only to make liberal provisions for Officers on retirement, and to increase the efficiency of the Active List, but eventually to effect an annual saving; and We beg further to inform Your Majesty that the Lords Commissioners of Your Majesty's Treasury have sanctioned the expenses which will be entailed in carrying out Our proposals.

Bibliography

• Admiralty (1873). The Orders in Council for the Regulation of the Naval Service. Vol. III. London: Harrison and Sons.