Orders in Council of 3 August, 1897

The Orders in Council of 3 August, 1897 was a piece of British legislation

Officers who have been Guilty of Misconduct or have Unfitted Themselves for Active Service

WHEREAS by certain of Your Majesty's Orders in Council we are empowered to reduce the half-pay, retired pay, and pension of Officers of Your Majesty's Navy who have been guilty of misconduct or neglect of duty, or have unfitted themselves for active service by irregular and imprudent conduct; and in some cases to place such Officers on the Retired List: And whereas we are of opinion that it is desirable that the powers conferred upon us in regard to such Officers should be consolidated and extended:

We humbly beg leave to submit that Your Majesty may be graciously pleased by Order in Council to repeal Your Majesty's Orders in Council of 26th October, 1860; 7th January, 1864; 30th December, 1884; 3rd March, 1894; and such provisions of Your Majesty's Order in Council of 22nd February 1870, as relate to the rates of retired pay and pension to be awarded to such Officers, and to substitute therefor the provisions contained in the accompanying Schedule.

We would further submit that, as regards Naval Officers dismissed from Your Majesty's Service by Court Martial, Your Majesty may be graciously pleased io sanction the modification of the provisions contained in Your Majesty's Order in Council of 23rd October, 1876, in the manner set forth in paragraph 5 of the accompanying Schedule.

The Lords Commissioners of Your Majesty's Treasury have signified their concurrence in these proposals.

SCHEDULE.

1. An Officer who is, in the opinion of the Admiralty unfit for, or unworthy of, further employment, may be placed on the Retired or Pension List, irrespective of Age or Service.

2. An Officer who has been sentenced by Court Martial, and who is, in the opinion of the Admiralty, within the scope of the preceding paragraph, may be placed on the Retired or Pension List, and may be awarded such Retired Pay, or Pension, or Gratuity, as he would receive under ordinary regulations.

3. An Officer placed on the Retired List under Clause 1 without trial by Court-Martial, 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.

4. 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 (500l.) as the Admiralty may think fit.

5. 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.

6. Sub-Lieutenants and Assistant Paymasters, whether dismissed the Service by Court-Martial, or placed on the Retired List under Clause 1 may be awarded Gratuities not exceeding 25l. for each year's service in these ranks, nor 250l. in all.

7. Chief Gunners, Chief Boatswains, Chief Carpenters, Warrant Officers, and Officers of Coast Guard, other than Commissioned Officers, placed on the Pension List under Clause 1, may be awarded such reduced rates of pension as the Admiralty may in each case determine.

8. 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 Your Majesty's Service any right to half-pay, retired pay or pension, compassionate allowance, or gratuity.

9. 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. VII. London: For Her Majesty's Stationery Office. 1898.