Scotland have lost out on Steven Shingler after the International Rugby Board ruled he is tied to Wales.
The promising London Irish player, who can play at stand off and centre, was called up by Andy Robinson for the Six Nations but was ruled ineligible for the Scots despite his mother hailing from Dumfries.
The IRB judged that Shingler, who was born in Swansea in Wales, could not represent another country after he was capped at under-20 level for Wales against France in 2011.
The Scottish Rugby Union appealed against the original but that appeal was thrown out at an IRB council meeting on Tuesday.
An IRB statement said: "Under the regulations committee decision Shingler was deemed to have been captured by Wales, having represented the Wales Under-20 team against the France Under-20 team in a 2011 Six Nations fixture.
"Following the Scottish Rugby Union's appeal of the Shingler decision, the IRB council considered and determined the matter during its annual meeting in Dublin.
"Council, having considered all the facts and having heard submissions from the SRU and WRU legal representatives, dismissed the appeal and upheld the decision of the IRB regulations committee.
"The council therefore determined that Steven Shingler is tied to Wales in accordance with IRB regulation eight, and therefore is ineligible to represent another union."
The decisive factor was that both Wales and France had designated the Under-20s as their second senior national representative team for that match.
In its appeal, the SRU cited the complex cases of Matthew Jarvis and James Loxton, who played for Wales Under-20s in 2010 before switching their allegiance to Ireland. The cases of Jarvis and Loxton prompted a global review, which recommended playing for an Under-20 team should no longer commit that player to that nation.
But that recommendation was dismissed by the IRB, who determined the Under-20s can be considered as the next senior national team.
The IRB instructed unions to publicly publish their second team designation on an annual basis and ensure that all players are informed.
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