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You can only fail an MOT if the car is being MOT tested. in the UK it is an annual test following it's 3rd anniversary of registration.
Although there is an emissions test, the vast majority of testing around the exhaust system is a visual check. You can for example gut the OPFs but leave them in place and it will pass.
Of course gutting the OPFs would invalidate your warranty but at 3 years old, you may not care anyway.
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