4mm² XPLE SWA can just manage 40A if the run is short enough, though its close to the limit.
A fact to note here, is that the fact that the submain CU only has a 16A, and a 6A breaker in, is giving closer overload protection to the cable than the upstream breaker, the upstream breaker is providing short circuit protection to the cable, so its important to consider that the effect that changing breakers in the submain has on upstream cabling as well, in your case as I said, it would *seem* as long as the cable is XPLE and not run through any lofts, etc, etc then the 40A breaker can provide overload protection to it
The incommer on the garage cu does not provide overcurrent protection (though I hope as the garage is TT, that it is an RCD?)
Would use SWA with the metalclad sockets instead of PVC conduit
Its notifiable under part p, yes