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5.—(1) A council may, in addition to any allowance under regulation 4, make a payment to a councillor by way of an allowance (“special responsibility allowance”), if the council is satisfied that the councillor has special responsibilities in relation to the discharge of the functions of the council.
(2) Subject to paragraph (4), the amount of the special responsibility allowance shall be determined by the council.
(3) Subject to paragraph (4), where any period, for which the councillor is entitled to a special responsibility allowance, is less than a year, the amount payable for the period shall be the relevant proportionate part of the yearly rate.
(4) For any period, in relation to any year, during which a councillor who is also—
(a)a member of the Northern Ireland Assembly;
(b)a member of the House of Lords;
(c)a member of Parliament; or
(d)a member of the European Parliament,
is entitled by virtue of paragraphs (1) to (3) to receive special responsibility allowance, the amount of special responsibility allowance payable to the councillor shall be reduced by two thirds.
(5) Subject to paragraphs (6) and (7), a special responsibility allowance may not be paid to more than fifty per cent of the councillors of the council (calculated using the total number of seats on the council and by rounding up the number of councillors to the next whole number when, in calculating the percentage, the number is not a whole number).
(6) A special responsibility allowance paid to the chairman or vice-chairman of the council is excluded from the calculation in paragraph (5).
(7) A council may, where it considers it necessary to do so, apply to the Department for permission to pay a special responsibility allowance to more than fifty per cent of its councillors.
(8) A council may not pay more than one special responsibility allowance to a councillor.
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