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As the model does not actual have more than two wounds at any point in time, no this wouldn't break the rule, the scarab base has those wounds, not the spyder itself. As for the scarab's three wounds, I'm not exactly sure, I may say no as the scarab itself wouldn't be allowed.
Well it's not a big deal since you're talking a T3 model except for majority toughness to actually land a wound might be tough. Patrol battle games are something the players usually agree to or not.
Btw, my destroyers are devastatig in 400pt patrol games!!! MWA HA
"There is only do, or do not. There is no try." - Yoda
are you really calling scarab creation "pooping"?
I believe the Combat Patrol rules don't even exist anymore in 5th edition, do they? So, since they're technically house rules, then it'd just be something to ask your opponent to see if they'd let you. Given the nature of the scarab base, I'd probably let my opponent create them; not that big a deal!
I thought combat patrol rules didn't allow MC's as well as 3 wound models? I would be more worried about if you're even allowed to take a Tomb Spyder rather than whether it can use it's special rules!
I'd say if you're allowed to take it, then it can use all the special rules that is has without hinderance. Otherwise it could be akin to not allowing that Chaos power which transforms characters into chaos spawn (if a chaos spawn had 3 wounds that is, can't remember if it does or not).
Th combat patrol rules, even when they were published in the current rule book, were never definitive. they always warned that such situations would occur and that you should first look for a precedent and then if none could be found, discuss them with your opponent. I don't think I'd have an issue with it, since the spirit of the 2 wound rule is to prevent powerful characters, and scarabs are not that!
Having recently seen the Combat Patrol rules, I'll be agreeing with matus, as it seems to be that the "no more than 2 wounds" thing is worded for Independant Characters rather than anything else. So I'd say swarms are ok, oh and it also says nothing about Monsterous Creatures, so Tomb Spyders are ok too That'll be a good combat patrol!