The current MOT just requires 2 things.
1. That the car passes the "smoke" test which is a measure of the particulate density when the engine is revved. The level that is required to fail is quite high. Any diesel with or without a DPF that is running normally and is well tuned will pass this smoke test easily.
2. If a car was originally manufactured with a CAT / DPF this needs to be present. That is a visual inspection and if your DPF is visible it will need to be in place. regardless of it actually containing anything. Even if it's obvious that it's been cut and welded.
On some cars the DPF isn't visible without removing shields / covers and the MOT tester cannot remove these so you could replace the DPF with a pipe.
The tests they do on a lay by are no more than what is done on an MOT.
If there is a change to the testing process and the levels of smoke permissible are reduced radically then cars without a DPF may have an issue.
If you were going to lower the levels to that of what the car should have produced when new you will have issues as the equipment required to detect such small levels will be a lot more expensive and there will probably be a lot of cars failing that really haven't got an issue.
Normal driving could result in a build up of soot in the exhaust that will be released when the engine is revved hard as they do now. With such low levels of particulates being measured any small amount of particles released would cause a failure.
http://www.driving.co.uk/news/gone-in-a-puff-of-smoke-uk-spot-checks-on-car-emissions-axed/