It was previously two singles and the guy who installed the new double had just combined the existing wires and upped the breaker to a 40
Conclusion: its a bad job.
Even if paralleling was permissible, which it isn't because of the wire size, there's the other matter of identical lengths, construction, thermal state etc, and I suspect that a couple of independently run #12s are unlikley to be of identical length, so they shouldn't be paralleled on that basis either.
Conclusion: its a bad job.
Thats the kicker. Anyone with sufficient nouse can figure out that this is probably OK, and anyone with a clamp meter can check that it is actually paralleleing and loadsharing reasonably well, and thus it is (in practice) an adequately safe arrangement.The use of two conductors in paralel is a clear violation of the NEC but is most unlikely to be dangerous in practice.