Order in Council of 5 February, 1872

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The Order in Council of 5 February, 1872, was a piece of legislation affecting the retirement of officers of the Royal Navy.

Order in Council

WHEREAS Your Majesty, by Order in Council of 22nd February, 1870, was graciously pleased to establish Regulations for the Promotion and Retirement of Officers of the Royal Navy; and whereas We are of opinion, in view of the small number of promotions that have taken place during the past year, that it is expedient to provide for the immediate advancement of a limited number of the present Commanders and Lieutenants, and also to diminish the restrictions on the promotion of Commanders, Lieutenants, and Sub-Lieutenants, imposed by Your Majesty's aforesaid Order in Council, until such time as the Active List of Captains, Commanders, and Lieutenants, shall be reduced to the numbers thereby established: and whereas We are further of opinion that it is expedient to make other amendments in the temporary provisions of the said Order in Council, and also, that it is necessary to establish regulation for the retirement of Sub-Lieutenants:

We would, therefore, most humbly submit to Your Majesty—

1. That We be empowered to promote ten Commanders to the rank of Captain, and ten Lieutenants to the rank of Commander, from this present date.

2. That until the list of Captains is reduced to 150, We be authorized to promote Officers to vacancies caused by retirement, according to the following scale:—

(a.) One Commander in every vacancy which now exists, or which shall hereafter arise on the list of Captains, due to the retirement of Admirals.
(b.) One Commander in every two vacancies which now exist, or shall hereafter arise, on the list of Captains, due to the retirement of Vice-Admirals, Rear-Admirals, or Captains.
(c.) One Lieutenant in each vacancy arising on the list of the Commanders from the above promotions.

3. That We be further authorized, until the list of Commanders is reduced to 200, to promote one Lieutenant in every two vacancies now existing, or in future arising from the retirement of Commanders.

4. All vacancies arising from deaths, resignations, &c, to be filled up as they occur.

5. That until the List of Sub-Lieutenants be reduced to 250, We be authorized to confer promotion on any Sub-Lieutenant who is, in Our opinion, worthy of advancement, although such promotions may cause the List of Lieutenants to be temporarily in excess of the numbers authorized by Your Majesty's aforesaid Order in Council.

6. Captains who were promoted to that rank before the 1st April, 1870, and who elected the new regulations for retirement, to be allowed, if physically unfit, or if they have not served for seven years, on retirement, an amount of retired pay not less than that to which they would have been entitled to receive under the regulations which were in force prior to the 1st April, 1870.

7. Sub-Lieutenants to be compulsorily retired at the age of 40, or at any age if physically unfit for service.

8. Until the List of Sub-Lieutenants is reduced to 250, any such Officers to be allowed, with their consent and at Our discretion, to retire irrespective of age.

9. Retired pay to be granted as follows :—After three years' seniority, 3s. 6d. per diem, an additional 6d. being given for each complete year beyond three served as Sub-Lieutenant until the maximum is reached, viz., 6s. per diem.

10. Officers who, in Our opinion, are not deserving of receiving retired pay on the above scale, to be granted such low rate of pay as We may think fit to award them.

11. Service for retired pay to be calculated in accordance with the provisions of Your Majesty's Order in Council of 22nd February, 1870, relating to Flag Officers, Captains, Commanders, and Lieutenants, time during which a Sub-Lieutenant may be on half-pay after he has served three years in that rank to reckon in the proportion fixed by the Order in Council.

12. Sub-Lieutenants to be allowed, at their own request and with Our consent, to commute their retired pay under the rules laid down by the Lords Commissioners of Your Majesty's Treasury for administering the Act, Vic. 34 and 35, cap. 56.

13. The existing rules as to half-pay to Sub-Lieutenants while on the Active List to remain in force.

We therefore most humbly submit, that Your Majesty will be graciously pleased to sanction these arrangements, which have received the concurrence of the Lords Commissioners of Your Majesty's Treasury.