{
  "url": "https://openlegislation.uk/school-governance-constitution-england-regulations-2012/regulation-28",
  "json_url": "https://openlegislation.uk/school-governance-constitution-england-regulations-2012/regulation-28.json",
  "legislation": "uksi/2012/1034",
  "legislation_title": "The School Governance (Constitution) (England) Regulations 2012",
  "legislation_url": "https://openlegislation.uk/school-governance-constitution-england-regulations-2012",
  "path": "regulation/28",
  "kind": "regulation",
  "number": "28",
  "heading": "Contents and form of instrument of government",
  "text": "(1) The instrument of government for a maintained school must set out—\n(a) the name of the school;\n(b) the category of school to which the school belongs, and—\n(i) whether the school has a foundation, and\n(ii) whether the school is a qualifying foundation school;\n(c) the name of the governing body of the school;\n(d) the manner in which the governing body is to be constituted in accordance with Part 3 of these Regulations, specifying—\n(i) the number of governors in each category of governor, and\n(ii) the total membership of the governing body;\n(e) where the term of office for a category of governor is to be less than four years, the length of that term of office;\n(ea) whether the term of office for any governor of a particular category may be determined by those appointing that governor;\n(f) where the school has foundation governors—\n(i) the name of any person who is entitled to appoint such governors and, if there is more than one such person, the basis upon which such appointments are made,\n(ii) details of any foundation governorship to be held ex officio, and\n(iii) the name of any person who is entitled to request the removal of any ex officio foundation governor and to appoint any substitute governor;\n(g) where the school is a foundation or a voluntary school designated under section 69(3) of SSFA 1998 as having a religious character, a description of the religious ethos of the school; and\n(h) the date on which the instrument of government takes effect.\n(2) The manner in which the governing body is to be constituted, as set out in accordance with sub-paragraph (1)(d), must accord with the provisions of these Regulations as they apply to a school of the category to which the school belongs and, where appropriate, the nature of the school as specified in accordance with sub-paragraph (1)(b).\n(3) Where the school has a foundation, the instrument of government must (subject to any statutory provision) comply with the foundation’s governing documents, including any trust deed relating to the school.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 28(1)(ea) inserted (1.9.2015) by The School Governance (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/883), regs. 1(1), 7(3)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Regs. 16-31 applied (with modifications) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 23, Sch. 5 (with reg. 2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 28 in force at 1.9.2012, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Within the meaning of section 20(1) of SSFA 1998."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/1034/regulation/28",
    "retrieved_at": "2026-10-29T01:34:22.088098+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}