Didn't actually think to ask. Just asked them the question (twice to confirm) they gave me there answer. Give them a ring, I'm sick of phone calls today.
You know, without conceding to anyone, and the lack of any definitive proof, Regulation numbers etc, the only arguments on this subject we have, are divided between those who agree with what we have as decisive regulatory notifications, i,e, regulation 433.1.204 Appendix 15 Figure 15A, and those who don't agree.
Now I know what I believe to be a true representation of what is right, and I won't waver from that, so please don't bother to argue the point with me.
What has come about from this somewhat heated debate, is one or two members have either contacted their respective C.P.Schemes, the NICEIC in this instance, or the IET directly, both organisations have declared that the issue presented to them by members of the Forum, in their opinion is non compliant with BS7671.
It begins to make you wonder how many other inconclusive issues have been left for us Electrical operatives to debate, argue and form our own conclusions, without any definitive statements published by the IET.
Now I know there will be many people out there who will say it's always been this way.
The Regulations, the OSG, the various guidance Notes are not cheap, and those who try to abide by the rules conscientiously buy these publications religiously every time there are updates.
Now back to earlier both the NICEIC and IET have said the issue posed by the OP is non compliant, but seem to be reluctant to provide any proof of non compliance.