The above hand was opened with a "Benjy" 2C, showing "8 playing tricks in an unspecified suit", sometimes with a balanced option, at several tables in the last round of the End of Year Congress in London, none of them my table. On four occasions the player was a member of one of my clubs, and the agreement was to play the popular method of "Benjy Acol". Under the current Blue Book, it is illegal to "agree" to open 2C on this hand, because it does not comply with the rule of 25, in that it has 13 points plus 11 for the two longest suits, and it does not have 8 clear-cut tricks, in that one is obliged to assume that partner has a void spade for that purpose, when we only have six spades and one ace, a total of seven. I can, however, open the Liggins 3NT showing SAT in a major, even at the now rare Level 3.
Furthermore, there is an absolute and express Law which states:
40A3. A player may make any call or play without prior announcement provided that such call or play is not based on an undisclosed partnership understanding (see Law 40C1).
On at least one occasion when 2C was opened, the opponents were awarded 3 IMPs, once by a TD on here, mamos, but it would appear that one is quite entitled to open 2C on this hand, showing 8 playing tricks or meeting the so-called "extended rule of 25", provided that the agreement is that one's Two Club opener meets the requirements of the Blue Book. The "deviation" can indeed be recorded by the TD and he can apply 40C1 at his discretion:
"Repeated deviations lead to implicit understandings which then form part of the partnership’s methods and must be disclosed in accordance with the regulations governing disclosure of system. If the Director judges there is undisclosed knowledge that has damaged the opponents he shall adjust the score and may award a procedural penalty."
Note the word "Repeated". And note the phrase, "has damaged the opponents". Both are necessary for a PP or adjustment. In this case, even someone from the national newcomers' pairs should reach 4S without the 2C opener.
If the player opened, on one or perhaps even two occasions, 2C, on AKQJxxx Axx xxx none, then he would be "deviating", as opposite none xxxx xxxx xxxxx he would only have 7 clear-cut tricks (as someone might well have Txxxx in spades), and his hand does not meet the extended rule of 25. The EBU is quite entitled to specify what agreements the pair can have for any call, but they should not abuse their power by preventing the player from making any call he or she likes, unless they deem there is an undisclosed agreement. Both the EBU and ACBL however, have decided that they are entitled to ignore Law 40A3 when it suits them.
Another issue that jars is that even playing two different strong bids of 2C and 2D, as is customary with Benjy, one can open one's strongest bid of 2D on AKQxxxxx none Tx AJT, but cannot open the weaker 2C on AKJ98xxx none Tx AJT. Surely there should be different minimum requirements for the strongest and second strongest calls.