Tail light damaged - is this an MOT failure?

[CIS121]

I would have thought it would be, but it got through an MOT like this at a different test centre (on RHS the lens is broken at the bottom as can just about be seen)

What do the rules say about this?

Edited by CIS121 on Tuesday 4th January 23:07

[Deva Link]

Knock yourself out http://www.motester.co.uk/