OK, I have shot my mouth off, now lets have some cold hard facts on this courtesy of the IEE.
Regulation 433-02-01 (iii)
the current (I2) causing the effective operation of the protective device does not exceed 1.45 times the lowest of the current carrying capacities (Iz) of any of the conductors in the circuit
Now, as we know the fusing factor of rewirable fuses makes this almost impossible(but not quite) you are likely to be in breach of this regulation if you install BS3036 fuses, however to clarify or muddify (take your pick on perspective), we have
Regulation 433-02-03
Where the protective device is a semi-enclosed rewirable fuse to BS3036 compliance with condition (iii) is afforded only if it's nominal current (In) does not exceed 0.725 times the current carrying capacity (Iz) of the lowest rated conductor in the circuit provided.
Now I know that you may be able to argue that this does not expressly forbid the use of BS3036 fuses, but if you do the maths on the circuits, the chances of a circuit being in compliance are very remote.
As I understand it, the IEE fell short of an outright ban, as they did with FVOD's in 1985, due to the large number that would exist for many years in domestic premises and in certain older semi-industrial locations.
The commercial (inc Industrial) installations would be brought into compliance as their systems became updated over the years. This can be forced upon commercial organisations by the requirement for current NICEIC Periodic Test and Inspection Certs by their Insurers, compliance with the Electricity at Work Act 1989, The Building Regululations Act 1984 and also local authority requirements. Easier to pray for than achieve in practice though.
However the NICEIC, despite their best efforts, do not have the authority to force private property owners to have this type of inspection regime or to carry out remedial works.
It is this that has forced the fudge upon the industry, however, designing a circuit that is in full compliance with the regulations, but still using BS3036 fuses would be expensive in the extreme and pointless as better systems of protection are available and these do not require the design of uneccessarally expensive installations to comply with the regulations.