Very perverse setup with the MOT vs the law right now: as Darren has stated, the MOT testers are NOT breaking the law. Suppplying them is also legal, but anybody who fits HIDS without the auto-levelling and washers is very explicitly breaking the law, as is anybody who drives a car with HID's without the washers + auto-levellers fitted.
This is very clear and has been so since the late 1980's.
Technically the MOT testers aren't breaking the law if they pass HID lights without auto-levellers and without washers because the guidelines were softened from the original Sept 2012 proposals*, where the MOT tesers would be required to check the functionality of both: so the actual 2013 MOT checks that went live, in regard to HID headlights is that only IF the auto-levellers / washers are fitted and obviously faulty, then the car fails the MOT. Utterly perversely, if those components are completely missing (i.e. never fitted because the the HID's are retrofitted), then the car can still pass the MOT. The car will not be legal for road use and as an intentional modification it will mean that it will be uninsured for 99% of insurers, but it will still pass the MOT.
*there were apparently too many complaints from MOT testers: one example that I saw that made some sense was something about needing to test the beam pattern to test the effectivenes of the washers and that some garages did not have the necessary drainage to deal with run-off from the headlight washer systems at the same location as the beam pattern test.
Gamble if you want to, but don't kid yourselves that scraping through an MOT test on a technicality means your car is road legal, therefore insured or that you can't be prosecuted for it if you cause an accident and anything to do with lighting is part of the cause.