4 Matters to which the Secretary of State must have due regard
In considering whether to make an application and the timing of such an application, the Secretary of State must have due regard to the following matters—
(a) any agreement or objection by the relevant governing authority of a relevant religious organisation as to the proposed application;
(b) any changes or proposed changes in the use of the chapel;
(c) the interests of a same sex couple who wish to have their marriage solemnized at that chapel; and
(d) in relation to an application under section 70A(1) of the 1949 Act, whether in respect of that chapel—
(i) a person has agreed to be authorised under section 43B(1) of the 1949 Act; and
(ii) the Secretary of State would so authorise that person.
Part 4 of Schedule 4 to the 1949 Act as amended by paragraph 21(3) of Schedule 7 to the Marriage (Same Sex Couples) Act 2013 provides that for any reference to the trustees or governing body there should be substituted a reference to the Admiralty or persons authorised by them in the case of a naval chapel and in the case of any other chapel, the Secretary of State or a person authorised by him. The functions of the Admiralty were transferred to the Secretary of State by virtue of section 3(2) of the Defence (Transfer of Functions) Act 1964 c. 15.