I suppose that in addition to what ericmark has said above..
I don't know what the BS says, but these lines on these types of graphs don't neccessarily mean all devices being measured will work exactly as shown.
It might mean 50% will trip above the line, 50% below. Then we need to know the distribution, is it normal? What is the standard deviation?
If you are making, for example, an aircraft wing, and this was measuring performance, the graphs might be very very accurate for all such wings. For a £5 CB, there might be quite a wide tolerance allowed in the BS. Dunno.
And looking at the graph, I don't actually think the line touches the 40amp value. Of course we don't know what happens outside the range of the graph, and are probably not qualified to judge, but it doesn't appear to touch, ever.....