A fail where the tester has deemed the vehicle dangerous has always meant it can't be driven away.
The smoke test only applies to vehicles with DPFs as far as I know, so my 2001 Discovery keeps the old rules. Not that it smokes anyway.....
Brake fluid? Not sure how they can tell if it's contaminated.....
There are some good things, eg the check on fluid leakages which may mean less diesel spilt on the road. Or maybe not.