40.—(1) The instrument of government for a federation must set out—
(a)the name of the federation;
(b)the names and categories of the federated schools within the federation;
(c)the name of the governing body of the federation;
(d)subject to paragraph (4), the manner in which the governing body is to be constituted in accordance with Part 4, specifying—
(i)the number of governors in each category of governor;
(ii)the categories of person from whom or from amongst whose members nominations for the appointment of any additional community governor or sponsor governor are authorised by these Regulations; and
(iii)the total membership of the governing body;
(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;
(f)where the federation has foundation governors—
(i)the name of any person who is entitled to appoint such governors and, if there is more than one such person entitled to appoint, the basis upon which such appointments are made;
(ii)details of any foundation governorship to be held ex officio by the holder of a named office; and
(iii)the name of any person who is entitled to remove any ex officio foundation governor and to appoint any substitute governor;
(g)where the federation includes a community special school, the name of any appropriate body or appropriate voluntary organisation entitled to nominate a person for appointment as a representative governor under Schedule 6;
(h)where there is a trust relating to a federated school, that fact;
(i)where a federated school is a foundation or a voluntary school designated under section 69(3) of the 1998 Act as having a religious character, a single description of the religious ethos of each such school; and
(j)the date when the instrument of government takes effect.
(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.
(3) The instrument of government must (subject to any statutory provision) comply with any trust relating to a federated school.
(4) Sub-paragraphs (d) and (e) of paragraph (1) do not apply to associate pupil governors.