43.—(1) At any time before the beginning of the hearing of a case the supervising member may direct that the case be withdrawn, unless—
(a)the case is one to which regulation 38(4) applies, or
(b)the Chief Constable has a duty to proceed under section 59(6) of the 1998 Act.
(2) Where a case is withdrawn it shall be treated as if the Chief Constable or (as the case may be) the supervising member had decided not to refer it to a hearing.