Admiralty Order in Council No. 37.

3 March, 1894.

A.G.

Whereas Your Majesty was graciously pleased by Your Order in Council of 30th December 1884 to sanction the retirement of an Officer if : -

1. He is guilty of such repeated acts of misconduct or neglect of duty as in our opinion make him unfit for further active service ; or
2. He is in our opinion, after careful inquiry, unfit for further active service, through intemperate or irregular conduct or habits ; provided that his Retired Pay shall in no case exceed the Half Pay which he was entitled to receive previous to his retirement.

And whereas we are of opinion that it is advisable to amend in some respects these provisions and to extend in some degree the powers conferred upon us, so far as they relate to Medical Officers,

We beg leave humbly to recommend that Your Majesty will be graciously pleased by Your Order in Council to approve of the undermentioned provisions, viz. : -

1. A Medical Officer may be placed on the Retired List who is guilty of such misconduct or of such neglect of duty as, in our opinion, renders him unfit for further active service.
2. A Medical Officer who is placed on the Retired List under the authority of the above Clause or of Your Majesty's Order in Council of 30th December 1884, and who is, at the time of retirement, entitled to count one year�s service or more but not more than twenty years' service, may, at our discretion, be awarded either -
1. A rate of Retired Pay which shall in no case exceed the Half Pay he was entitled to receive previous to his retirement (Order in Council 30th December 1884, Clause 1) ;

or

2. Such a gratuity, as we think fit, not exceeding the commutation value (as assessed by Your Majesty's Pensions Commutation Board) of the rate of Retired Pay which might have been awarded under Clause 2 (a.) hereof, the same to be less than the amount of gratuity which he would have been entitled by service to receive had he been retired under Clause 12 of Your Majesty's Order in Council of 1st April 1881.
3. A Medical Officer retired under the authority of the above Clause (1) or of Your Majesty's Order in Council of 30th December 1884, who has had good and long service, but who by the effect of sentence of Court Martial, &c., has forfeited time and has therefore, when retired, less than one year's service to count, may be granted such gratuity as we think fit, but in no case to exceed �500.

The Lords Commissioners of Your Majesty's Treasury have signified their assent to these proposals.

N. P. 574 / 1894.

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