5.—(1) Subject to paragraph (2) and regulations 6 to 8, where avian influenza is confirmed on any premises, the Scottish Ministers shall, in exercise of their powers under paragraph 5(1) of Schedule 3 to the Act, cause to be killed all poultry and other captive birds on those premises.
(2) On the basis of an assessment of the risk of further spread of avian influenza, the Scottish Ministers may decide not to cause to be killed certain species of poultry or other captive birds to which paragraph (1) applies.
(3) The Scottish Ministers may, by notice to the occupier of the premises, specify appropriate measures and conditions to limit any possible spread of avian influenza to any wild birds on the premises.