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The following guidelines are to be implemented by September 2012.
<ul>
<li>Only tooth whitening products with less than 0.1% hydrogen peroxide may be sold.</li>
<li>Products containing between 0.1%-6% hydrogen peroxide content may only be sold to dentists, and only under the following conditions:</li>
<ul>
<li>The first use of each cycle of the product must be completed by a dentist as a clinical examination, after which use may be continued by the patient.</li>
<li>Use of these products by clients under 18 years of age is not permitted, even under the supervision of a dentist.</li>
</ul>
<li>All tooth whitening products with hydrogen peroxide levels higher than 6% will be banned.</li>
</ul>
The situation at present is that it is illegal in the UK to supply a product for the purpose of tooth whitening if that product contains more than 0.1% Hydrogen Peroxide.
However many dentists still provide this treatment as the alternatives, such as veneers/crowns, are too destructive to the teeth.
The <a href="https://www.gdc-uk.org/" target="_blank" rel="noopener">GDC (General Dental Council)</a> regards tooth whitening as being the practice of dentistry.
It has clearly signalled that it will seek to prosecute those who are not registered and who provide tooth whitening. Indeed to date, there have already been a number of prosecutions.
The current GDC Scope of Practice document indicates that hygienists and therapists may also carry out tooth whitening provided they have obtained the appropriate training and only then under the prescription of a dentist.
The new directive puts patient safety first by recognising the importance of examination by a dentist before whitening treatments are provided.
This clearer law will enable easier prosecution of non-dental professionals providing tooth whitening, however in reality the lack of resources will probably mean that this law is poorly enforced.

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Edit Loophole for teeth whitening treatment