Commentary on Sections Schedule 27 - Minor and consequential amendments Paragraphs 27 and 28 - Theft Act 1968 (c. 60)
940.Paragraphs 27 and 28  amend sections 30 and 31 of the Theft Act 1968 to ensure that civil partners are treated in the same way as spouses under that Act. Section 30 ensures that the Act applies in relation to spouses and their property just as it would apply if they were not married, although (subject to certain exceptions) a person may not be charged with the theft of property belonging to their spouse unless the proceedings are instituted by or with the consent of the Director of Public Prosecutions. Section 31 provides that a person is not excused from answering any question put, or complying with any order made, in certain proceedings relating to property or trusts, by reason that to do so may incriminate that person or their spouse of an offence under the Theft Acts 1968 or 1978. However no statement or admission made by a person in these circumstances is admissible in evidence in proceedings against that person or (unless they married after the making of the statement or admission) their spouse, for an offence under the Theft Acts 1968 or 1978. The same approach will apply to civil partners.