Background
The Instrument of Government (IoG) is the document which records the name of the school and the constitution of its governing body.  A model Instrument of Government can be found at Annex B of the relevant version of the statutory guidance on the school governance constitution regulations - it can be adapted to suit individual circumstances (see background below).  The governing body drafts the instrument and submits it to their local authority (LA). The LA must check if the draft instrument complies with statutory requirements, including the relevant guiding principles for the constitution of governing bodies. If the instrument complies, the LA will make the instrument. The governing body and LA can review and change the instrument at any time.

In voluntary-controlled, voluntary-aided and foundation schools, before the governing body submits the draft instrument to their LA it has to be approved by the foundation governors, any trustees and the appropriate religious body. For foundation special schools, the instrument should also record the name of the body that has the right to nominate a person for appointment as a community governor.

Roles and actions
Under the Education School Governance (Constitution)(England) Regulations 2003, governing bodies had until August 31, 2006 to reconstitute and therefore draw up a new instrument of government. It is possible that during the process of reconstitution, there will be more governors on the governing body than are recorded in the instrument of government. This is because governors who were serving up to September 1, 2003 are allowed to serve out their term of office even if they are no longer eligible to serve under the new Instrument of Government.

Frequently asked questions
Q: Is there any legislation or guidance on who is to approve the name of a school – should it be the governing body or the LA?

A: The responsibility for approving the name of a school falls to the governing body of the school rather than the LA. Section 20 of the Education Act 2002 stipulates that each school shall have an Instrument of Government (IoG) and that the name of the school shall be that which is described in the IoG. If the governing body wishes to change the name, they should contact the LA to amend the IoG. DCSF should also be informed of any name change.

Guidance
The 'Background reading' section below contains links to:

• Statutory guidance on the School Governance (Constitution)(England) Regulations 2003.  Section 5 provides guidance on reconstitution for each type of school (community and community special, foundation and foundation special, maintained nursery schools, voluntary-controlled and voluntary-aided).  Annex B of the same guidance provides a model Instrument of Government that can be adapted to suit individual circumstances.
• The GovernorNet article on constitution of governing bodies which provides more general information on constitution.
• Chapter 2 of the Guide to the Law for School Governors which provides general information on constitution and instrument of government.

The law
Follow the link to the Education School Governance (Constitution)(England) Regulations 2003 in 'Further reading' below.