Section 17 of the Civil Liability and Courts Act 2004 is amended -

(a) by the insertion of the following subsection after subsection (2):

"(2A) Where a formal offer is made in respect of a personal injuries action relating to a catastrophic injury, the formal offer shall specify the proportion of the amount of the formal offer that is attributable to -

(a) the future medical treatment of the plaintiff,

(b) the future care of the plaintiff,

(c) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and

(d) future loss of earnings of the plaintiff.",

(b) in subsection (5), by the substitution of "Subject to subsection (5A), the court" for "The court",

(c) by the insertion of the following subsection after subsection (5):

"(5A)

(a) Where a court has made a periodic payments order in a personal injuries action, the court shall, when considering the making of an order as to the payment of the costs in the personal injuries action, have regard to -