Hi guys,
I emailed VOSA or DVSA whatever it's called now and asked them the same questions there actual reply was;
'When carrying out an emissions test on a vehicle as part of the MOT, the tester carries out the test according to which is oldest, the engine or the vehicle, providing you have evidence that the engine is eldest'
So looks like i will be trying to find a carb engine soon then. I am a little bit concerned how I would prove the age of the engine but there is a Mini specialist near where I work so hopefully if I were to take it there they would be able to tell.