Admiralty Order in Council No. 123.

20th November 1905.

A.

1. 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 \n respect of service 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 where 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 filling up of such office.
3. And whereas by Section 2 of the Naval Pensions Act, 1884, 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, 1865 to 1883, respecting the restoration in whole or in part of any forfeited pension, shall have effect notwithstanding any Act or 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.
8. The Lords Commissioners of Your Majesty's Treasury have signified their concurrence in this proposal.

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