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LG 1905 11 21 P 12 Whereas by Section 3 of the Naval and Marine Pay and Pensions Act, 1865, it is enacted, inter alia, that all pay and pensions payable in respect of services in Your Majesty's Naval and Marine Forces to a person being or having been an officer, seaman or marine therein, shall be paid in such manner, and subject to such restrictions, conditions, and provisions, as are from time to time directed by Order in Council. 2. And whereas by section 2 of the Forfeiture Act, 1870, it is enacted, inter alia, that, if any person thereafter convicted of treason or felony for which he shall be sentenced to death or penal servitude or any term of imprisonment with hard labour or exceeding twelve months, shall at the time of such conviction hold any naval office or be entitled to any pension or superannuation allowance payable by the public or out of any public fund, such office, shall forthwith become vacant, and such pension or superannuation allowance shall forthwith determine and cease to be payable unless such person shall receive a free pardon from Your Majesty within two months after such conviction or before the filing up of such office; 3. And whereas by section 2 of the Naval Pensions Act, 1881, it is enacted that any reference in the Naval and Marine Pay and Pensions Act, 1865, to a pension, or naval pension, or to money payable by the Admiralty, shall be construed to include a naval pension and a Greenwich Hospital pension; gratuity, and allowance within the meaning of, the Greenwich Hospital Acts, 1865 to 1883, and any sum due on account of such a pension, gratuity or allowance; 4. And whereas by section 3 of the same Act it is enacted that a provision of any Order in Council made in pursuance of the Naval and Marine, Pay and Pensions Act, 1865, or of the Greenwich Hospital Acts, 1805 to 1883, respecting the restoration in whole or in part of any forfeited pension, shall have effect notwithstanding any Act ox law relating to the forfeiture of a pension on conviction for crime. 5. And whereas by Articles 1250 and 2183 of the Regulations for the government of Your Majesty's Naval Service certain restrictions, conditions and provisions were directed in respect of pensions payable to petty and non-commissioned officers, seamen, marines and boys in such service; 6. And whereas we desire, although possessing general powers in such matters as representing Your Majesty, that similar directions be made in respect of the retired pay. and pensions of commissioned, commissioned warrant, and warrant officers, and that such directions shall apply to all descriptions of such pensions, not being pensions for wounds, injuries or disability of such commissioned, commissioned warrant, and warrant officers, including Naval, Travers, and Good Service pensions and Greenwich Hospital pensions, gratuities and allowances. 7. We beg leave humbly to submit that Your Majesty may be graciously pleased by Your Order in Council to direct that all retired pay and pensions of any commissioned, commissioned warrant, or warrant officer shall be held only during good behaviour, and that the Admiralty may forfeit the same (if not already forfeited under the Forfeiture Act, 1870) or may suspend the same, conditionally, or unconditionally, and for such time as they may think fit, for any misconduct on the part of such commissioned, commissioned warrant, or warrant officer or for any act or habit rendering him in their opinion unworthy to receive the same; such misconduct, act or habit to be judged of solely by the Admiralty; and that the Admiralty may be empowered at their discretion to restore the said retired pay or pension in whole or part, and subject to such conditions as they may think fit, and whether the same has been forfeited under the Forfeiture Act, 1870, or under this Order ; and, to direct that the above restrictions, conditions and provisions shall apply to all descriptions of such pensions not being pensions for wounds, injuries or disability of such commissioned, commissioned warrant, and warrant officers, including Naval, Travers, and Good Service pensions and Greenwich Hospital pensions, gratuities and allowances. 1932 10 07 Present, The King's Most Excellent Majesty in Council. Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty dated the 22nd day of September, 1932 (C.W. 11575/31), in the words following, viz. :- Whereas by Section 3 of the Naval and Marine Pay and Pensions Act, 1865, it is enacted, inter alia, that all pay, pensions or other allowances in the nature thereof payable in respect of services in Your Majesty's Naval or Marine Force or to a person being or having been an Officer, Seaman, or Marine therein, shall be paid in such manner and subject to such restrictions, conditions and provisions as are from time to time directed by Order in Council: And whereas by Orders in Council dated the 20th day of November, 1905, and the. 7th day of February, 1921, certain powers were conferred upon us in the matter of the forfeiture, suspension and restoration of retired pay, pensions and other payments of the like nature, including gratuities payable to Officers, Commissioned Officers from Warrant rank, and Warrant Officers: And whereas by the Regulations for the government of Your Majesty's Naval Service similar powers are exercisable in respect of pensions payable to Petty Officers, Non-Commissioned Officers, Seamen, Marines and Boys in such Service: And whereas we are of opinion that Officers and men in receipt of such retired pay, pensions allowances, etc. who acquire foreign nationality and thereby become ineligible to render further service in time of war or emergency in Your Majesty's Naval or Marine Forces (including the Reserve Forces) should be liable to forfeit such retired pay, pensions, allowances, etc. : And whereas we are of opinion that any pensions or allowances which might otherwise be payable to widows or other dependants of such Officers and men should also be liable to forfeiture in the given circumstances: We beg leave humbly to recommend that although possessing general powers in such matters as representing Your Majesty, we may be authorized at our discretion to exercise the powers conferred upon us by the aforesaid Orders in Council and Regulations in respect of any Officer, Petty Officer, Non-Commissioned Officer or man of the Naval and Marine Forces (including the Reserve Forces) who may acquire foreign nationality, and of their widows and other dependants who might otherwise be eligible for pensions or allowances. The Lords Commissioners of Your Majesty's Treasury have signified Their concurrence in these proposals. His Majesty, having taken the said Memorial into consideration, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly. � Crown Copyright ^ back to top ^ |